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Land Registration and the Decline of Property Law

Land Registration and the Decline of Property Law EdinLR Vol 14 pp 62-79 DOI: 10.3366/E1364980909000912 Robert Rennie☼ A. B. (1) (2) (3) (4) (5) (6) (7) (8) C. D. INTRODUCTION SOME EXAMPLES Servitudes Sasine descriptions Real burdens Pertinents Positive prescription Alteration of flatted properties Proprietors in possession Offside goals THE PROBLEM OF PROFESSIONAL NEGLIGENCE CONCLUSION A. INTRODUCTION Land registration in Scotland has a long history. The Register of Sasines was established as early as 1617.1 Earlier still there had been a system of public registration of instruments of sasine, and before that the instruments were recorded in the protocol books of notaries.2 The point of having a public register was to provide certainty and to regulate preferences. The Register of Sasines, still in operation but now being phased out, is simply a public record of deeds. While real rights in land could not usually be obtained without recording in that Register, the act of recording of itself did nothing to validate or enhance the title. The actual interpretation of the title as to boundaries, burdens and the like remained essentially a private matter in which the Keeper of the Registers of ☼ Professor of Conveyancing, University of Glasgow. 1 Registration Act 1617 (RPS 1617/5/30). 2 See http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Edinburgh Law Review Edinburgh University Press

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