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Under the Land Registration (Scotland) Act 2012, only a registrable deed is capable of registration in the Land Register of Scotland. [82] A deed is a legal document concerning the creation, transfer, variation, or extinction of real rights (or rights in rem). In Scots law, these commonly include, but are not limited to: Dispositions
The passage of the Land Registers (Scotland) Act 1868 further reformed the General Register of Sasines, introducing a sorting system for deeds by the counties in Scotland. [29] Search sheets, listing the deeds in registered in a property, were also introduced to simplify the registration and search process.
A disposition in Scots law is a formal deed transferring ownership of corporeal heritable property. It acts as the conveyancing stage as the second of three stages required in order to voluntarily transfer ownership of land in Scotland.
The Registry of Deeds has since 1708 dealt with the registration of wills, marriage settlements, title deeds, mortgage documents and other documentation concerning granting of title over land. It was originally set up to enforce the legislation regarding ownership of land by Catholics. A registered deed took precedence over an unregistered deed.
The HM Land Registry maintains two key documents for registered land in England and Wales: the title register and the title plan. These documents collectively provide essential information about a property’s ownership, boundaries, and associated rights or restrictions.
With feudalism deemed "outdated and archaic" [124] by the new Scottish Executive, a major package of land reform (the Abolition of Feudal Tenure etc. (Scotland) Act 2000, the Title Conditions (Scotland) Act 2003 and the Tenements (Scotland) Act 2004) was passed by the newly-sitting Scottish Parliament which eliminated the feudal system. [126]
In United States law, evidence of title is typically established through title reports written up by title insurance companies, which show the history of title (property abstract and chain of title) as determined by the recorded public record deeds; [11] the title report will also show applicable encumbrances such as easements, liens, or ...
The type of tenure depends on how the title arose: [3] Unwritten udal title, while rare, does exist, for udal law did not require written title deeds. Recorded udal titles, as entered in the Sasine Register, provide proof by prescription for the purposes of the Prescription and Limitation (Scotland) Act 1973. [4]