Register of Sasines

Register of Sasines
Title	Register of Sasines
Subject	Land registration
Country	Scotland
Established	1617
Language	Scots, English, Latin

Register of Sasines The Register of Sasines is the historic Scottish registry for land conveyance, recording deeds and rights associated with property in Scotland, with roots in the reign of James VI and I, the Parliament of Scotland, and legal reforms influenced by figures such as Sir George Mackenzie and institutions like the Court of Session and the Privy Council of Scotland. It underpins transactions involving estates held by families including the Douglas family, the Campbell family, the Stewart/Stuart dynasty, and landed estates such as Glenfinnan, Culloden, Holyrood Palace, and Edinburgh Castle. The Register connects to statutory developments like the Land Registration (Scotland) Act 1979, the Land Registration etc. (Scotland) Act 2012, and administrative bodies including the Registers of Scotland and the Scottish Government.

History

The origins trace to early modern reforms under James VI and I and legislative acts passed by the Parliament of Scotland and executed through officers like the Lord Clerk Register and the Keeper of the Register of Sasines. Notable events shaping the Register include the Union of the Crowns and the Acts of Union 1707 which affected Scottish legal institutions, the Jacobite risings (including the Rising of 1715 and the Rising of 1745) that altered landholding patterns among the Jacobites and clans such as the MacDonalds and MacKenzies, and agrarian changes tied to the Highland Clearances and reforms championed by landowners like Henry Dundas and administrators in the Board of Ordnance. Judicial developments in the Court of Session and cases involving advocates from the Faculty of Advocates clarified practices referenced alongside works by jurists such as Sir Walter Scott in his historical fiction about Scottish estates.

Legal Framework and Purpose

The Register operates within Scottish law shaped by statutes like the Registration of Sasines Act 1617 and subsequent instruments enacted by the Parliament of the United Kingdom and the Scottish Parliament. It functions under oversight from the Registers of Scotland and interfaces with courts including the Court of Session and sheriff courts influenced by doctrines articulated by judges such as Lord Neuberger and commentators including James Boswell in historical context. The purpose is to provide priority, publicity, and evidence for conveyances involving landed property, feudal rights affected by the Abolition of Feudal Tenure etc. (Scotland) Act 2000, and transactions involving entities like the Crown Estate and trusts such as the National Trust for Scotland.

Registration Process

Historically, registration involved submission of sasines and writs by procurators, notaries, and advocates recorded by officials in registers maintained at repositories like Register House, Edinburgh and administrative centers in Glasgow and Aberdeen. Modern procedure now aligns with practices in the Registers of Scotland head office and digital platforms, incorporating conveyancers, solicitors from firms such as Burness Paull and Brodies LLP, and instructed agents like the Law Society of Scotland members. Documentation prepared for registration references instruments such as deeds of conveyance, standard securities tied to lenders like Royal Bank of Scotland and Lloyds Banking Group, and probative entries for estates formerly owned by families like the Grahams or institutions like University of Edinburgh.

Types of Records and Contents

Entries include feudal sasines, deeds of conveyance, infeftment records, feudal burdens, standard securities, entries recording servitudes and real burdens affecting properties including rural holdings in Aberdeenshire, Perthshire, and Shetland, urban tenements in Glasgow, Edinburgh, and documents concerning castles such as Stirling Castle and manors linked to aristocrats like the Marquess of Bute and the Duke of Argyll. Records often reference surveys by cartographers like William Roy and entries associated with landowners such as Thomas Gladstone and legal instruments influenced by jurists including Sir Thomas Craig.

Impact and Uses

The Register has been central to resolving disputes in courts including the Court of Session and sheriff courts, informing legal scholarship by academics at institutions like the University of Glasgow, the University of Aberdeen, and the University of Edinburgh, and guiding historical research on estates connected to families such as the Sinclairs, Humes, Gordons, Campbells of Argyll, and events like the Clearances. It supports conveyancing, secured lending by banks such as Barclays plc and HSBC, land reform debates involving the Scottish Land Commission, heritage management by organizations like the Historic Environment Scotland and the National Trust for Scotland, and planning decisions by local authorities including City of Edinburgh Council.

Digitisation and Accessibility

Digitisation initiatives undertaken by the Registers of Scotland and archival partners such as the National Records of Scotland and the National Library of Scotland have transformed access, enabling searches alongside databases used by professionals at firms like Turcan Connell and researchers from the Royal Commission on the Ancient and Historical Monuments of Scotland. Projects intersect with national digitisation strategies promoted by the Scottish Government and collaborations with technology providers and legal publishers such as LexisNexis and Thomson Reuters. Digital access facilitates work by historians studying estates like Balmoral Castle, conservationists at Historic Scotland, and practitioners in conveyancing at offices across Aberdeen, Inverness, Dundee, and Perth.

Category:Scots law