Acquiring property ownership in Scotland involves a crucial process known as Title Registration. In recent years, a specific aspect of this process called Keeper Induced Registration (KIR) has raised concerns among property owners. KIR is a system employed by the Registers of Scotland, where property titles are transferred from the old Register of Sasines to the Land Register without the owner making an application. While this may seem like a positive step, it has led to potential errors and defects in property titles. In this comprehensive guide, we will delve into the intricacies of title registration in Scotland, the risks associated with KIR, and how you can safeguard your property title.

Understanding Title Registration in Scotland

Before we explore the implications of KIR, let's first understand the process of title registration in Scotland. The Register of Sasines, established in 1617, was the traditional register for deeds in Scotland. However, in 1981, the Land Register of Scotland was introduced. This digital register now uses the cadastral map of Scotland, based on the Ordnance Survey map, to record land ownership. Over the past four decades, most properties have been transferred from the Register of Sasines to the Land Register through traditional means, such as property purchases.

However, certain properties have remained in the Register of Sasines, either because they haven't been sold for value since the early 1980s or because they have been gifted within families. The Scottish Government aims to complete the Land Register by 2024, ensuring that every property in Scotland is registered. To achieve this, Registers of Scotland introduced the KIR process in 2016, allowing them to transfer titles from the Register of Sasines to the Land Register without the owner needing to make an application.

The Risks of Keeper Induced Registration

While the intention behind KIR is to expedite the registration process and ensure the Land Register is complete, it has resulted in potential errors and has caused defects in property titles. These errors can have serious consequences for property owners, including financial loss, disputes, and even strained relationships within families. By understanding the risks associated with KIR, you can take proactive measures to protect your property title.

Case Study 1: Boundary Changes

In one case study, a client discovered that during the KIR process, the boundary of their land had been altered without their knowledge. As a result, according to the Land Register, they no longer owned the driveway giving access to their garage. Fortunately, the client possessed the old Register of Sasines title deeds, which contained a plan reflecting the correct boundary. With the assistance of their solicitor, they were able to rectify the error. However, had this issue only come to light during a property sale, it could have caused significant delays and financial implications.

Case Study 2: Incorrect Ownership

Another alarming case involved a property that had been gifted to four children without any money changing hands, thus not triggering a move to the Land Register. During the KIR process, the Registers of Scotland failed to include one of the children's names. This resulted in the Land Register reflecting ownership of only three of the four siblings. Fortunately, the family had retained the original title deed, which clearly showed equal ownership among all four children. This error was rectified, but had the original deed been lost, the excluded child could have suffered financial loss and emotional distress.

These case studies highlight the potential pitfalls of KIR and the importance of proactive measures to safeguard property titles. By taking the necessary steps to verify and correct any errors, property owners can protect their interests and ensure a smooth process when selling or transferring ownership.

Safeguarding Your Property Title

To protect your property title from potential defects caused by KIR, it is crucial to take proactive steps and remain informed. Here are some recommended measures:

1. Check if KIR has been Applied

If your property has not been transferred for value since 1981, or if you know someone in that position, it is advisable to verify if KIR has been applied. By contacting your solicitor, you can easily determine if your property title has been affected by KIR.

2. Obtain a Copy of the Title Sheet

If KIR has been applied to your property, obtaining a copy of the Title Sheet is essential. This document will provide information on what has been registered and enable you to cross-reference it with your original title deeds. By comparing the two, you can identify any discrepancies or errors that require remedial action. You can discover if your title has been registered in the Land Register through ScotLIS. Simply enter your postcode and if your property has been registered in the Land Register, you will be able to order your Title Sheet.

3. Seek Legal Assistance

In cases where errors or defects are discovered in your property title, seeking legal assistance is crucial. Our conveyancing solicitors can guide you through the process of rectifying the issue and ensuring that your property title accurately reflects your rights and ownership.

4. Regularly Review Your Title Deeds

Even if KIR has not been applied to your property, it is advisable to regularly review your title deeds. By staying informed about any changes in property laws or registration processes, you can proactively address any potential issues and protect your property title.

5. Maintain Proper Documentation

To avoid complications related to property title defects, it is essential to maintain proper documentation. This includes retaining original title deeds, plans, and any relevant legal documents. By having these documents readily available, you can swiftly address any discrepancies that may arise during the title registration process.

Conclusion

Title registration is a fundamental aspect of property ownership in Scotland. While Keeper Induced Registration aims to expedite the process, it has led to potential errors and defects in property titles. By being aware of the risks associated with KIR and taking proactive measures to safeguard your property title, you can navigate the registration process with confidence. Remember to regularly review your title, seek legal assistance when necessary, and stay informed about any changes in property laws. By doing so, you can ensure that your property title accurately reflects your rights and ownership, providing you with peace of mind for years to come.

If you need to discuss KIR or any title related property matter, please contact us.