Section 96 while abolishing time limit for land matters, introduce a new regime under Schedule 6 of the Act. It is also likely that the title will be unique to the property, revealing an individual set of problems and circumstances. Cooke The genesis of the concept originated from Roman law, which bestows rights to exclusive possession to an individual provided there was physical possession.
Indefeasibility refers to the affirmative warranty provided by the registration of title.
Investigation of title is quicker, the title is guaranteed and reveals almost all rights, as oppose to the pre system where rights depended on notice. N Jackson Upon detailed scrutinisation two observation could be made.
Therefore, the act increases situations where unregistered land must be registered. In short, completion would simply not happen and therein lies the driver for the changes introduced by the Act. If any are lost, damaged or even forged, serious problems arise for the Seller in proving title.
Cann43 where it was established that the person claiming actual occupation but was not physical present but had someone looking after the property was considered sufficient. The act does have the power to force the use of electronic conveyancing but it is not likely that such stern powers would be used, well at least not anytime soon.
For that to happen, there requires to be a subsequent transaction affecting a property held on title deeds in the Sasine Register in order to trigger registration in the Land Register.
The requirement of proof emerged due to rapid industrialization which drive land, a scarce commodity in the British Emperor became rare and expensive, and thereby subjected to competing claims.
For example, the statute has limited the number of rights which can override as compared to the Land Registration Act In the commercial arena, the Keeper has noted that there is an increasing number of requests for voluntary registration arising from the unwillingness of certain lenders to make high end loans in the absence of a Land Register title.