Land registration might not have been the hottest topic in farm and estate management discussions of late. This is partly given the Registers of Scotland step back from their ambitious goal of registering 100% of Scotland’s land mass by 2024 and moving towards the amended strategic objective of completing a functional Land Register.
As an estate or farm owner, the question isn’t whether you should register your land for the sake of the Registers – it’s whether you should do it for you and your family.
Sasine or Land Register: What’s the Difference?
Every farm and estate owner has a title. Some remain on the older Sasine Register – a collection of deeds and documents—while others have moved to the newer, digitised map-based Land Register.
If your title remains on the Sasine Register, here are four reasons to consider moving to the Land Register.
1. Funding: Speed and Savings
When urgent funding is needed, having your farm or estate on the Land Register can save both time and money. Banks and their lawyers can quickly complete their diligence checks on a Land Register title, unlocking access to funding faster. In contrast, presenting a box of Sasine deeds means lengthy due diligence and associated higher costs. The Land Register’s state-backed guarantee also gives banks added confidence, making the process smoother for everyone involved.
2. Diversification Projects: Helping Developers
Developers prefer Land Register titles. They are looking for clarity and speed, not the historical intrigue of a Sasine title. By making it easier for developers to satisfy themselves on title, you can accelerate projects, secure option fees, and create valuable new income streams for your estate. In a competitive market, being “developer-ready” is a real advantage.
3. Succession: Simplifying Estate Planning
Land registration brings clarity to estate planning. The Land Register provides a clear, accurate record of ownership, which is essential for avoiding disputes and ensuring your assets are distributed according to your wishes. It also helps capture key information about boundaries and rights that might not be obvious from old deeds. Part of your succession planning should involve capturing this information. Proper planning can minimise tax liabilities and make succession smoother for the next generation.
4. Land Reform: Managing Compliance
With the new Land Reform Act pending Royal Assent at the time of writing, landowners face compliance with new regulations and requirements. Land registration can help you comply with these rules – or prove you’re not affected. A digitised, mapped title makes it easy to demonstrate compliance and answer questions about your estate’s size and ownership. In an era of increasing transparency, being proactive is key.
Practical Steps for Registration
Time is rarely on your side when it comes to funding, development, succession and compliance. That’s why it’s important to take control of your land registration project. Here’s how:
- Plan Your Approach: Decide whether to prioritise core areas, problem spots, or tackle the entire estate at once. Tailor your plan to your needs.
- Gather Documentation: Collect all title deeds, maps, and agreements affecting your title. Know where your titles are – whether at the estate office, with your solicitor, or your bank.
- Map Boundaries: Ensure your boundaries are accurately reflected on the OS Map. This can be complex, especially if ownership is fragmented across connected entities.
- Check Alignment: Check if the title position reflects your current understanding. Trustees and partners change – don’t be caught out if the title hasn’t been updated to reflect the current position.
- Understand the RCI: The Register of Controlled Interests in Land increases transparency by identifying those with significant control over land but who are not disclosed on the title deeds. Make sure your registration project captures all necessary information and cross-check your compliance with RCI requirements.
Take Control—On Your Terms
Delivering an efficient land registration project requires preparation, planning, and attention to detail. Whether you’re thinking about diversification, succession, or compliance, it hinges on a key asset – your land and your title to it.
By taking control, you can move at your pace – not the pace imposed on you by a bank, developer, succession and tax planning or legal compliance.
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