Written Question · S1W-19713 · Session 1
Further to the answer to question S1W-18739 by Mr Jim Wallace on 30 October 2001 and with regard to the fact that transfer of land under Ud…
The question
To ask the Scottish Executive, further to the answer to question S1W-18739 by Mr Jim Wallace on 30 October 2001 and with regard to the fact that transfer of land under Udal law may occur without written title, (a) what evidence is currently necessary as proof of ownership of heritable property in order to effect a transfer and (b) what criteria will have to be met for a real right to land on the Land Register to be registered.
The answer
A significant number of Udal proprietors have recorded their titles in the register of Sasines. In such cases, the document used to effect a transfer of title is normally a Disposition, in a style similar to that used in mainland Scotland for the transmission of title to feudal property. It is not known how many properties in Orkney and Shetland are held on unwritten titles.Anyone acquiring Udal land after the commencement date of the Land Register in Orkney and Shetland on 1 April 2003 will be able to obtain a real right only by registration in the Land Register. Existing proprietors' rights will not be affected. The Keeper has discretion under section 4(1) of the Land Registration (Scotland) Act 1979 as to what evidence is acceptable in a particular case. He has not yet set a policy on what evidence he will require for the registration of Udal land. However, he has begun research on the implications of Udal law, and will take into account any available information as to current practice in the transmission of Udal land.
In the Official Report
No contribution in the Official Report cites S1W-19713 by reference.