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Register of Applications by Community Bodies to Buy Land meaning

What does Register of Applications by Community Bodies to Buy Land mean?
A publicly accessible Scottish register used to check whether a community body has applied to exercise a statutory right to buy particular land. Maintained by the Keeper of the Registers of Scotland since 27 June 2018, it records applications by community bodies constituted under the Land Reform (Scotland) Act 2003 to purchase: (i) abandoned, neglected or detrimental land under Part 3A (inserted by the Community Empowerment (Scotland) Act 2015); and (ii) land to further sustainable development under Part 5 of the Land Reform (Scotland) Act 2016 (now in force). The Register of Applications by Community Bodies to Buy Land is created and governed by statute. Entries typically include particulars of the land, the applicant community body and the application’s status and outcome. Practitioners use it in conveyancing and lending due diligence to identify applications that may trigger statutory prohibitions on transfer or other dealings pending determination by the Scottish Ministers. This register is specific to Scotland and administered by Registers of Scotland. There is no direct equivalent in England and Wales, Northern Ireland or Ireland (where different community asset regimes apply). It is distinct from the Register of Community Interests in Land under the 2003 Act, which records community interests notified under...
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View the related Practice Notes about Register of Applications by Community Bodies to Buy Land

PRACTICE NOTES
Scotland: Lands Tribunal for Scotland applications to vary or discharge title conditions—procedure, forms, jurisdiction, section 100 factors, compensation, appeals and registration

Statutory Powers To assist in resolving disputes, the LTS exercises a range of powers granted by statute in relation to: modifying or extinguishing title conditions, see: Powers as respects title conditions: Stair Memorial Encyclopaedia [224] public sector tenants’ rights to buy their homes, see: House sales to public sector tenants: Stair Memorial Encyclopaedia [226] challenged compensation for compulsory purchase of land, or diminution in land value arising from public works, see, eg: Compulsory purchase of land: Stair Memorial Encyclopaedia [666] appeals against specified decisions of the Keeper of the Registers of Scotland, see: Questions relating to the accuracy of the Land Register: Stair Memorial Encyclopaedia [225] appeals concerning valuation of land for pre-emptive purchase by community bodies, see Practice Notes: Rights to buy affecting land in Scotland—snapshot, Part 2 community right to buy and asset transfer requests in Scotland, Right to buy abandoned etc land (Part 3A) and right to buy land to further sustainable development (Part 5) in Scotland and Right...

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PRACTICE NOTES
Scots Property Law Glossary: Key Terms with England and Wales Equivalents, Registers, Land Registration and Conveyancing Practice

This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...

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PRACTICE NOTES
Scottish conveyancing: essential pre‑registration title searches and enquiries, including Land Register/Sasines, Register of Inhibitions, PEC, company, ROE/RCI and community rights registers

Searches are a vital component in the examination of any heritable title in Scotland, and no conveyance ought to settle without them. Findings usually derive from public records or registers, often enhanced with material drawn from a range of sources. Typical repositories include: Land Register Register of Sasines Register of Inhibitions Companies House Local Authorities where relevant Carrying out searches is a specialist, exacting and highly technical discipline. Since the mid-19th century, the legal profession has preferred to entrust this work to professional searchers and to rely confidently on their expertise. The seller’s solicitor will usually request the searches. As a matter of routine, they are commissioned early in the transaction to allow time to address any adverse findings. Certain searches must be current on the date of completion, so update searches are ordered immediately before settlement. Standard pre-registration searches The standard searches required for any given transaction depend on whether the property is already on the Land...

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