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Land Registration
Commissioner
Professor George Gretton
Team members
Mr John Dods, Project Manager
Miss Bonnie Holligan, Legal Assistant
Mr John Glover (on secondment from the Registers of Scotland)
This is a medium term project under our Seventh Programme of Law Reform.
Our Discussion Paper on Land Registration: Void and Voidable Titles (Discussion Paper 125), published in February 2004, considers registration of title from the point of view of policy and legal technique. The paper focuses on certain key issues as to the operation and effect of land registration such as void and voidable titles, the State guarantee of title, the underlying theoretical structure, and positive prescription. It makes certain proposals as to the fundamentals of land registration. Most consultees who replied to this discussion paper were content with the general approach taken and the proposals put forward. Our advisory committee of experts was likewise supportive of the general approach.
The second discussion paper (DP 128) on Land Registration: Registration, Rectification and Indemnity, which was published on 26 August 2005, looks at the three core issues of registration, rectification, and indemnity against the background of the conceptual framework set out in our first discussion paper. The new paper approaches the topics in two different ways. First it analyses the existing legislation to identify which provisions should be retained in the new legislation and which should be discarded or replaced. Secondly, it reformulates the law, both existing and proposed, to bring it into line with the more general proposals for reform set out in the first paper.
The third discussion paper, Land Registration: Miscellaneous Issues (DP 130) considers various issues such as servitudes, overriding interests, and the powers of the Keeper. This paper was published on 20 December 2005.
The team is currently working on the preparation of the Report and draft Bill.
For further details email: john.dods@scotlawcom.gov.uk
Page last updated: 1 September 2008
