The Keeper steps in

We previously reported in the Journal that we will start to use the Keeper of the Registers of Scotland’s new power, Keeper-induced registration (KIR), more widely in the coming months. This was set out in our response to the KIR consultation published in February 2016.

KIR allows the Keeper to move property titles from the General Register of Sasines on to the Land Register of Scotland without an application from the owner. By using our KIR powers we can accelerate completion of the Land Register and provide the certainty and security of having a Land Register title.

From this November, RoS will start the first phase of KIR, aimed at adding up to 20,000 urban residential properties to the Land Register by the end of March 2017. As set out in our consultation, we will add properties in existing “research areas”. RoS defines a research area as an area of land that has been, or is likely to be, split up into a number of units of property sharing common burdens.

Using these urban research areas allows us to reuse the work already completed in relation to common rights and burdens. We will start within the counties of Midlothian, Glasgow and Angus in existing research areas.

Our website will be updated to identify areas where KIR is active and areas we have completed. We will also publish guidance on our website for conveyancers who are transacting in those areas. The guidance will include information on how KIR interacts with searches, submitting reports or applications for registration, and advance notices.

A title sheet completed using the KIR process will be clearly marked in the title and easily identifiable to the user. Otherwise, it will essentially look the same as any other title sheet created through a first or voluntary registration. Conveyancers will be able to transact on a KIR title with the same certainty as any other Land Register title.

After March, we will extend the KIR process out to all of our research areas in Scotland. Once again, information on active and completed areas will be published to keep conveyancers and the public informed.