The Scottish Government has announced that it has set a target
deadline of 10 years for the Registers of Scotland to have all land
in Scotland registered on the Land Register. 5 years is the target
for all publicly owned land. This announcement follows a report by
the Land Reform Review Group published on Friday 23 May. Announcing
the registration project, Environment Minister Paul Wheelhouse said
"This is a vital underpinning step in Scotland's land
reform journey and will ensure that at last everyone will know who
At present, only around 26% of the total landmass of Scotland is
held on a title registered in the Land Register.
The drive to provide a clear and complete list of who owns what
land is in part prompted by the World Bank, which recognises that
an efficient, effective and indemnified land registration system is
one of the most important factors in achieving economic development
and business growth. Completed registration will have a number of
benefits for those who regularly deal with land in Scotland. For
example, being able to identify landowners more readily allows,
amongst other things:
Easier assembly of land rights required for developments;
Easier resolution of access issues;
Identification of the parties from whom consents, discharges
and rights, etc. are required.
The Land Reform Review Group is an independent review group set
up in 2012. The full report sets out 62 recommendations focused on
the public interest and making the most of land in Scotland and
includes recommendations such as:
Introducing a new law to limit how much land any one private
owner can own in Scotland;
Prohibiting any party not registered in the EU from being
registered as an owner of land – if implemented this would
impact on the practice of owning land in corporations registered
offshore for tax purposes;
A proposal that local authorities should be given the right to
force the sale of vacant or derelict land;
Introducing a system of land value taxation, which could be an
alternative to council tax, but this appears to have been quickly
ruled out by the Scottish Government.
The Scottish Government also announced that it will form a
working group to develop the strategy for achieving a target of
having one million acres of land in community ownership by
Reaction to the report has generally been positive. However,
large landowners and their supporters have seen it is a fundamental
attack on their property rights. The Scottish Land & Estates
Group, which represents landowners throughout Scotland, welcomed
the proposals relating to transparency of land ownership but warned
that the 10 year deadline to complete the project was very
The Land Reform Review Group report titled "The Land of
Scotland and the Common Good" can be accessed here.
The material contained in this article is of the nature of
general comment only and does not give advice on any particular
matter. Recipients should not act on the basis of the information
in this e-update without taking appropriate professional advice
upon their own particular circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The recent County Court decision in Camelot Property Management Limited (1) and Camelot Guardian Management Limited (2) v. Greg Roynon is an uncomfortable reminder to landowners of how easy it is to inadvertently grant a tenancy when only a licence was intended. The consequences of getting it wrong can be time consuming and costly.
In December 2016 at the FIDIC Users Conference held in London, FIDIC presented a pre-release version of its second edition of Conditions of Contracts for Plant and Design Build ("the Proposed 2017 Yellow Book") which is due to be published during the course of 2017.
If you are an investor currently using overseas entities to hold UK property you should be aware that the UK Government is putting together proposals for greater transparency of the beneficial owners of UK properties owned by overseas entities.
For well over a hundred years it has been standard practice for contract administrators to be used on construction contracts. Architects have been engaged to supervise and manage building contracts and engineers engineering contracts. More recently, project managers and construction managers have undertaken similar roles under new forms of contract.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).