If you buy land or property, you must go through a formal registration process so that you’re legally recognised as the owner. In Scotland, you do this by registering the title deeds in the Land Register of Scotland. For further information read Land registration in Scotland. Property registration is managed by the Registers of Scotland, a non-ministerial department of the Scottish Government.
Buying a property is a huge investment. This quick guide gives you an outline of what you need to know about owning a property in Scotland.
What is heritable property?
You are likely to see this term used regarding buying a house or a piece of land. Many people think heritable property only means property that can be inherited. In fact, heritable property is used to describe all land and buildings, as well as the rights connected to the property.
What are real burdens?
As a property owner, you may have to comply with rules about how you can use the property (known as real burdens). Real burdens exist to make sure you don’t cause problems for neighbouring properties. These will often be written into the title deeds and set out certain things you can and can’t do. Common examples are burdens that prevent you using a house to run a business or making changes to the building. If you’re buying a flat, you might have to agree to help maintain and repair communal areas such as the stairs or hallways.
What are servitudes?
Servitudes give other people rights over your property. The servitude only allows third parties to use part of your property in a specific way, for example a right of access over your property or an entitlement to run pipes or electricity cables over part of your land. For more information see our quick guide on Servitudes and public rights of way in Scotland.
Where should I keep the title documents for my home?
The deeds must be kept in a safe place as they contain important information. They will be needed if you have to check any details about the property, if you decide to sell or if you die so that your estate can be wound up.
If you have a mortgage, your lender will keep the title deeds as security. If you don’t, they will be sent to your solicitor. You can then ask for them to be passed on to you or they can be left with your solicitor for safe keeping.