Land registration to become easier as a result of Scottish property law reform

Fiona Alexander of Pinsent Masons, the law firm behind Out-Law.com, said the Land Registration (Scotland) Bill "should accelerate" the land registration process in Scotland as well as iron out some of the conflicts between property law and the existing system. It would also bring electronic conveyancing "a step closer to reality", she said.

The bill will take forward recommendations made by the Scottish Law Commission (SLC) in its report on land registration last year. The SLC, the body which recommends legal changes in Scotland, had previously consulted on a draft version of the bill.

The proposals will make reforms to the land registration system which has existed since 1979, the Scottish Government said, as well as providing for the eventual completion of the Land Register.

The Register records all new changes of ownership of land and creation of new titles. Title to property which is registered in the Land Register is guaranteed by the state.

The new bill will also realign registration law with the law relating to buying and selling property. It will adjust the circumstances in which a person can recover their property rather than obtain compensation, and create a way to register 'common' property, for example children's play areas in housing developments, where the exact boundaries of that common property are not yet fixed.

While welcoming the change, property expert Alexander called for more clarity on the proposals.

"It is not possible in Scots law to convey a share in 'unfixed' common property. However, developers like to keep as much flexibility as possible when it comes to common parts in a development," she said.

"The Land Registration (Scotland) Bill proposes aligning the law on conveying common property with the practicalities of registration. How this is done will be of great importance not only to developers but also to prospective owners, investors and lenders. The current proposals still leave a lot of questions unanswered," she said.

Also among the 16 bills introduced by First Minister Alex Salmond is the Long Leases (Scotland) Bill, which proposes that a tenant's interest under an ultra long lease be converted into ownership.

Ultra long leases are leases which last for over 175 years and which have over 100 years left to run. The bill was introduced in the last Parliament, but fell when Parliament was dissolved for the May 2011 elections.