The Land Register of Scotland superseded the Sasine Register, introducing a map-based system of registration.
It is well established that a real right in heritable property is only created through the registration of the deed purporting to the transfers of ownership. Many aspects of the registration process have been left to the discretion of the keeper of the Register of Scotland. Uptake of the Land Register of Scotland has been slow, with roughly 75% of land in Scotland yet to be entered onto the register. This can be due to many reasons namely that a lot of property has not changed hands since 1979.
The 2012 Land Registration Act brings reforms to present conveyancing practice in Scotland, which notably include: The rectification of title.
Prior Position before Reforms to Land Register Act – 1979
Rectification was set out in section 9 of the 1979 act, however the definition of inaccuracy has been singled out as being impractical and too vague.
There was no clear definition within the act as to what amounts to an inaccuracy in relation to rectification of title. Rectification is predicated on an inaccuracy, however there is no definition in statue of what an inaccuracy amounts to which was pointed out by Gretton in 1986.This is further evidenced in Brookfield Developments Ltd against The Keeper of the Registers of Scotland 1989 in which a wide of definition of inaccuracy was held. This illustrates there was no set definition.