Under consideration PE1676: The Land Registration etc. (Scotland) Act 2012

Background information

I have submitted this petition after experiencing difficulties in seeking reinstatement of correct boundary on title deeds. My experience has led me to believe that there are two major flaws in the Land Registration etc. (Scotland) Act 2012.

Section 11 of the Act covers provision of detail to be set out on the cadastral map, in relation to unit boundaries and otherwise depicting registered rights in such a manner as the Registers of Scotland Keeper considers appropriate. The cadastral map must be based on the base map being the Ordnance map, as chosen by RoS. To avoid any inaccuracies or questions about the validity of updated Ordnance Survey maps received by the RoS, I would like it to be mandatory for the RoS to check their validity against the current cadastral map. Where maps are in dispute the RoS should arrange a re-survey (to be conducted by OS or RoS) of the property physical boundaries, and proprietors should have the opportunity to question/approve the revised cadastral plan/title deed plan. I should note that OS do not delineate boundaries on their maps, a solid line denotes a man-made feature greater than 0.3m high (eg. fences walls and hedges), and a dotted line for a feature less than 0.3m (eg. a kerb). From information provided by the Scottish Government, I became aware that there are hundreds of maptiles updated each week. This could cover a lot of property owners, and I consider that the Act needs to be reviewed to ensure that other property owners do not experience similar difficulties to those that I faced.

Additionally, where RoS receive a request to revise a title deed plan to indicate the demise of a proprietor this should in my opinion be supported by a death certificate, original or certified copy. As inaccurate information was provided by my solicitor to RoS it led to my Title Deed error, which meant that I had to seek legal assistance for RoS to correct this. Provision of a death certificate negates the possibility of error by a proprietor or solicitor and, in extreme cases, could prevent fraud. My understanding is that the submission of supporting material such as death certificates was commonplace under previous legislation that supported land registration, and the removal of that requirement from the current legislation has cretaed a major flaw in the process.

It is essential that all information on revising title deeds is accurate and that there are suitable and robust checking mechanisms in place.