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Chamber and committees

Question ref. S4W-30417

Date lodged: 8 March 2016

Question

To ask the Scottish Government what liability the Keeper of the Registers of Scotland has in relation to the recent cases of fraudulent disposition of title.

Current status: Answered by Fergus Ewing on 17 March 2016


Answer

The statutory scheme of land registration is set out in the Land Registration etc. (Scotland) Act 2012, which came into effect on 8 December 2014. A person affected by a fraudulent disposition that has been registered may request rectification of the register. The keeper will be able to rectify the register where there has been a fraudulently granted deed, unless the property has subsequently been transferred to a third party who acquired it in good faith. If the register cannot be rectified then the victim of the fraud may be entitled to monetary compensation from the keeper for the value of their loss.