To ask the Scottish Executive what redress is available if the Keeper of the Registers of Scotland makes an error in registering a title.
Where the Land Register is inaccurate (whether due to an error by the Keeper or for any other reason) a person may apply for rectification of the Register. The circumstances in which the Keeper may rectify the Register to remove an inaccuracy are set out in section 9 of the Land Registration (Scotland) Act 1979.
Subsection (1) of section 9 confers on the Keeper a general power to rectify any inaccuracy in the register, either on his own initiative, or on being requested to do so. It also requires the Keeper to rectify an inaccuracy on being so ordered by a court or the Lands Tribunal for Scotland.
Subsection (3) of section 9 limits both the Keeper''s power to rectify the Land Register and also the power of the court or the Lands Tribunal for Scotland to order the Keeper to rectify. If rectification of the Land Register would prejudice a proprietor who is in possession of the registered title the circumstances in which rectification is permissible are limited. These are: where everyone whose interests are likely to be affected by the rectification have agreed; where the rectification is to note an overriding interest (a form of right that does not require to be constituted in a conveyancing deed such as certain forms of access right); where the inaccuracy has been caused by fraud or carelessness, or where the title is not fully guaranteed (this can happen where there is an element of uncertainty in the underlying title).
If rectification is not legally permissible and the person seeking rectification has suffered loss as a result of that they may be entitled to be indemnified by the Keeper in respect of that loss. If rectification is legally permissible, a person who suffers loss as a result of the rectification may equally be entitled to be indemnified by the Keeper.
The entitlement to indemnity is provided by section 12 of the Land Registration (Scotland) Act 1979 and is subject to a number of exceptions. Examples include where the Keeper has expressly excluded his indemnity when registering the title or where specified matters could not have been known to the Keeper, and on occasion the applicant, when an application was presented for registration.
Where the Keeper refuses an application to rectify, that decision may be challenged in a court or the Lands Tribunal for Scotland.