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The Law in Scotland

You cannot register your land because of its size; specifically it is defined as a “souvenir plot”. A souvenir plot is defined 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 Law Society of Scotland published some advice to ‘souvenir hunters’ in their Journal in 2012*.

“The Keeper is required to reject an application for registration in the Land Register, if the land to which it relates meets the description of “souvenir plot”.

However, the fact that the Keeper is obliged to reject registration does not necessarily mean that “ownership” can be obtained by some other means.
A real right of ownership in land (in the sense of a right that is enforceable against third parties) can only be obtained by registration in the Land Register or by recording a deed in the Register of Sasines as appropriate.

Solicitors who are consulted by a client in relation to the purchase of a potential souvenir plot should bear in mind that in some cases, the land in question might not be of “inconsiderable size”; in such cases, no exemption from registration applies.”

 

*Please note this is not an endorsement of Highland Titles by the Law Society of Scotland