Written Question · S5W-19292 · Session 5
How Registers of Scotland ensures that alterations to the Register, resulting in a discrepancy between the occupied and legal extent of a p…
The question
To ask the Scottish Government how Registers of Scotland ensures that alterations to the Register, resulting in a discrepancy between the occupied and legal extent of a property, are effectively communicated to affected homeowners.
The answer
This is a question for the Keeper of the Registers of Scotland. She advises me that when the registration process is complete a notification is sent to the applicant, most often via their solicitor, which includes a copy of the land register title sheet and plan showing the legal boundaries of the properties as registered. Typically any discrepancy between occupational and legal extent would have been resolved before registration but this stage in the process provides an opportunity to check the position again.
Where the Ordnance Survey basemap is updated following resurvey the Keeper will make consequential changes to the Land Register map where they are minor in nature (ie within the tolerance of the basemap). The Keeper does not notify homeowners in these circumstances as the changes are not material. Where the changes to the Ordnance Survey basemap are more significant, the Keeper does not update the mapping of the land registered title. Instead she maintains the legal extent of the title but updates the land register to show the new Ordnance Survey map. The homeowner is not notified as no change is being made to their legal title.
The Keeper will only alter the legal extent of a registered title when an inaccuracy is discovered in the mapping of the title. In those instances, the homeowners will be notified in writing, again most often via their solicitor.
Where the Ordnance Survey basemap is updated following resurvey the Keeper will make consequential changes to the Land Register map where they are minor in nature (ie within the tolerance of the basemap). The Keeper does not notify homeowners in these circumstances as the changes are not material. Where the changes to the Ordnance Survey basemap are more significant, the Keeper does not update the mapping of the land registered title. Instead she maintains the legal extent of the title but updates the land register to show the new Ordnance Survey map. The homeowner is not notified as no change is being made to their legal title.
The Keeper will only alter the legal extent of a registered title when an inaccuracy is discovered in the mapping of the title. In those instances, the homeowners will be notified in writing, again most often via their solicitor.
In the Official Report
No contribution in the Official Report cites S5W-19292 by reference.