Land Register 1979 act

Arguably the most significant feature of the Land Register 1979 act was that once the title is registered the keeper would refuse to rectify any mistakes in this record against a proprietor in possession except in the cases of fraud or manifest error of that proprietor. Per S 9(3) the power of the keeper to rectify any changes to the register was severely limited. It has been known for someone with no rightful claim to an area of land to take advantage of the keeper’s position by taking claim over the land, which makes rectification impossible.  However as seen in Dougbar Properties Ltd v Keeper of the Registers of Scotland 1999 the keeper can rectify as in this case the inaccuracy was the fault of the keeper per S9(1) the keeper was entitled to alter the registration, The only available remedy is compensation by the keeper for their mistake, however this is not always deemed satisfactory by the party which has lost out. Not only is the 1979 Act deficient in matters of policy, but also, notoriously, it fails to provide answers even to quite straightforward questions according to Kenneth Reid.

Further to this the act has been as described in Short’s Trustees against The keeper by Lord Jauncey of tullichettle : stated that “nobody could accuse the act of being well drafted, Further to this Lord Keith of Kinkel said that the act was “obscure and difficult to understand” This is was down to the urgency in which the legislation pushed through at the time. There have been clearly issues with how it has been implemented and interpretated as evidenced.

 

 

New position/ Reform of Land Registration Act

The 2012 act however reverses the previous policy implemented by the 1979 act, which now requires the keeper to rectify errors in the register. “Inaccuracy” is now defined (Section 65),

However this is limited to cases of manifest inaccuracy. Manifest is not defined within the act, which is therefore at the discretion of the keeper. Based on the Act’s Explanatory Notes, this appears intentional: providing the Keeper flexibility in respect of what qualifies here and adapt to individual circumstances, as well as judicially-induced changes to property law concepts. As such, Section 80 demonstrates the 2012 Act’s emphasis on reconciling registration rules and property law.