PART 2LAND TRANSFERS ETC. ON AND AFTER APPOINTED DAY
4Ownership of land
(1)Ownership of land shall pass—
(a)in a case where a transfer is registrable under section 2 of the Land Registration (Scotland) Act 1979 (c. 33), on registration in the Land Register of Scotland;
(b)in any other case, on recording of a conveyance of the land in the Register of Sasines.
(2)This section is without prejudice to any other enactment, or rule of law, by or under which ownership of land may pass.
(3)In subsection (1) above—
(a)“conveyance” includes—
(i)conveyance by, or under, any enactment, rule of law or decree; and
(ii)a notice of title deducing title through a conveyance; and
(b)“registrable” and “registration” have the meanings respectively assigned to those expressions by section 1(3) of the Land Registration (Scotland) Act 1979 (c. 33).
5Form of application for recording deed in Register of Sasines
(1)Any application for the recording of a deed in the Register of Sasines shall be made by, or on behalf of, the person in whose favour the deed is granted; and it shall not be necessary to endorse on any deed a warrant of registration.
(2)The Scottish Ministers may, after consultation with the Lord President of the Court of Session, make rules—
(a)prescribing the form to be used for the purposes of subsection (1) above; and
(b)regulating the procedure relating to applications for recording.
6Deduction of title for unregistered land etc
In respect of any land—
(a)a real right in which has never been registered in the Land Register of Scotland; and
(b)title to which has never been constituted by the recording of a deed in the Register of Sasines,
title may be deduced from any person having ownership of the land.