Mapping out the Crofting Register

The Crofting Reform (Scotland) Act 2010 has brought about a number of changes to crofting law. One key change was the introduction of the new map-based Crofting Register, which is held by Registers of Scotland.

The Crofting Register commenced on 30 November 2012, and until 29 November 2013 it is open for the registration of voluntary applications. These can be made by the owner of the land on which the croft is situated; the landlord; the crofter; or, where the croft is an owner-occupied croft, the owner-occupier crofter.

On 30 November 2013 registration in the Crofting Register also becomes compulsory on the occurrence of certain events. Those involved in conveyancing will need to familiarise themselves with the changes and the impact these may have if, after 30 November this year, you are acting for the purchaser or seller of a croft. For instance, the transfer of ownership of a croft will require to be registered in the new Crofting Register as well as being recorded in one of the property registers.

Over the course of this year, Registers of Scotland will be involved in a number of events aimed at solicitors and others involved in crofting. Many of these will be in tandem with the Crofting Commission and/or the Scottish Crofting Federation.

Development Plan Approval

In the June edition of the Journal, we reported on the workshop held in Glasgow on 6 June to launch the Development Plan Approval (DPA) service. There has been a very positive response to the workshop, with a number of developers or their solicitors contacting RoS to discuss potential use of the DPA service.

DPA is a new service offered by RoS that can provide developers with the confidence that any title extent issues can be identified and resolved at land purchase stage. The registration of the developer’s title can be expedited, and the deed of conditions extent is then checked to ensure it matches the legal title of the development. This will highlight whether or not there are any gaps or overlaps with neighbouring titles and will enable them to be addressed before the sale of individual houses from the development. This is a chargeable service in line with the P16 comparison service.

DPA de-risks the process for the developer and for future purchasers and their lenders, as all parties will have the certainty that the plot being purchased, along with any ancillary property rights and title conditions, falls within the developer’s title.

The DPA service is tailored to meet individual developers’ requirements.

10-Year Property Market Report

RoS published its first 10-Year Property Market report recently. The publication marks a decade since all Scottish registration counties came on to the map-based Land Register from the ancient, deeds-based General Register of Sasines.

Keeper of the Registers of Scotland Sheenagh Adams remarked: “Our statistics received official status from the Scottish Government in 2010 and we are the only organisation to provide data on properties without a mortgage; as a result, we issue a full picture of the property market in Scotland.”

Detailing all the trends in the property market in Scotland between 2003 and 2013, you can read the full report by visiting www.ros.gov.uk. For further information on our data services, please contact business.development@ros.gov.uk

ARTL update

As at 27 June 2013

• 72,808 applications have been made
• 696 solicitors’ firms are currently on the ARTL system
• 29 lenders are currently on the ARTL system
• 13 local authorities are using the system

ARTL can now process applications containing a transfer with a value of more than £1 million.

For up-to-date information and a full list of participating practices and companies, go to www.ros.gov.uk/artl

Registers of Scotland is encouraging voluntary applications for registration of titles in the Land Register