Investigating title in Scotland—searches and enquiries—the basics
Produced in partnership with Gary Donaldson of Millar and Bryce
Investigating title in Scotland—searches and enquiries—the basics

The following Property guidance note Produced in partnership with Gary Donaldson of Millar and Bryce provides comprehensive and up to date legal information covering:

  • Investigating title in Scotland—searches and enquiries—the basics
  • Standard pre-registration searches
  • Standard searches for properties not registered in the Land Register
  • Standard searches for properties registered in the Land Register
  • Standard searches for all transactions
  • Additional pre-registration searches

STOP PRESS: The Right to Buy Land to Further Sustainable Development (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing) (Scotland) Regulations 2020 (SSI 2020/Draft) and Right to Buy Land to Further Sustainable Development (Applications, Written Requests, Ballots and Compensation) (Scotland) Regulations 2020 SSI 2020/21, bring into force Part 5 of the Land Reform (Scotland) Act 2016 on the 26 April 2020. This will create a new right to buy land and, as the case may be, an associated tenant’s interest, for the purpose of furthering sustainable development. It is a compulsory purchase power, meaning that a properly constituted community body may seek Ministerial approval for the transfer of land or, as the case may be, tenant’s interest even where the owner of the land or tenant does not wish to sell the land or tenant’s interest, as the case may be. Both private and public land may be bought under Part 5 in Scotland.

Searches are an essential part of the examination of any heritable title in Scotland and no conveyance can safely settle without them. The content of a search is usually from a public record or register (eg Register of Sasines, Register of Inhibitions, Companies House and where appropriate Local Authorities) although it is often augmented with data collected from a variety of