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The Law in Scotland
Unlike in England, Scotland still permits the sale of souvenir plots of land land under contract law without the need to register the sale. Although a right of ownership in land (in the sense of a right that is enforceable against third parties) can traditionally only be obtained by registration in the Land Register or by recording a deed in the Register of Sasines as appropriate, by using contract law these small plots of land can be sold without the expense of registration which would otherwise make this uneconomical.
You cannot register your land, because this is a such a small plot; specifically it is defined as a “souvenir plot”. A souvenir plot is defined in the Land Registration (Scotland) Act 1979 as “a piece of land which, being of inconsiderable size or no practical utility, is unlikely to be wanted in isolation except for the sake of mere ownership or for sentimental reasons or commemorative purposes”
The inability to register you as the beneficial owner of the land you have purchased does not affect your ownership of the land you have purchased.
Please note that the fact that the Keeper is obliged to reject any registration of a souvenir plot does not necessarily mean that “ownership” can be obtained by some other means. It is therefore imperative that you purchase only through a reputable vendor such as Highland Titles. Indeed recent advice from the Law Society of Scotland gives this same advice.
You will receive a copy of the Certificate of Sale in your pack which confirms that ownership has been transferred to you..
For further information please read: Land Registration
