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Meeting of the Parliament 14 March 2012

14 Mar 2012 · S4 · Meeting of the Parliament

Item of business

Land Registration etc (Scotland) Bill: Stage 1

MacKenzie, Mike SNP Highlands and Islands Watch on SPTV

I am pleased to have the opportunity to speak in the debate. Although I am what Murdo Fraser has described as “a non-lawyer”—I wonder whether that is a Latin legal term—in my previous career I had various practical experiences of the difficulties that are sometimes presented by our system of conveyancing and land registration. I compliment my colleagues on the Economy, Energy and Tourism Committee on a good example of working together in a largely consensual but effective manner in our scrutiny of the bill.

An effective land registration system is of fundamental importance in a property-owning democracy. Although I support the general aims of the bill, it is unfortunate that we do not seem to pay sufficient tribute to our original register of sasines. Cumbersome as it now is, it has operated fairly well over a considerable period and we must be careful that our efforts to modernise the system do not have unintended consequences. It is easy to criticise the old system. While it is true to say that there are many old titles that are vague or inaccurate, it is also true to say that some titles approach the level of works of art in their efforts to describe and define properties accurately. As a body of documentation, they describe much of the history of our country and are a tribute to our legal profession. They remain a valuable resource and, where possible, should be used to clarify current title certificates.

Modernisation presents considerable challenges. The Ordnance Survey map is not always as accurate as it ideally should be, especially in rural areas, which has given rise to historical errors and continues to give rise to errors. With modern global positioning systems and other surveying systems becoming increasingly capable of affordable accuracy, many of those errors are coming to light for the first time. Human error, whether from historical bad drafting of titles or from errors in first registrations, must also be acknowledged. Any modernisation system must provide an efficient and cost-effective mechanism for the resolution of those mistakes.

I am glad that the bill also contains proposals to improve the situation regarding a non domino acquisition, as such acquisitions often present opportunities to correct historical errors or unfairnesses.

We received a lot of evidence from Andy Wightman. I have a great deal of respect for him and the idealism that he advocates, but his suggestion that we should advertise or hold auctions of land of unknown ownership could give rise to profound practical difficulties. Nevertheless, I congratulate him on his recent book, which is a readable and lucid account of what can, in less capable hands, be a dry subject.

Finally, I must support my friends in the legal profession who are rightly concerned about the proposal in section 108 to introduce a criminal offence for what might be innocent errors on their part. That might create onerous obligations on them and on buyers or sellers, who would be required to protect their innocence. I was glad to hear from the minister that he will think carefully about that aspect of the bill.

14:16

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Meeting of the Parliament 14 March 2012

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