Publicity and privacy in land registration in Scotland

K Law (General);KDC Scotland

Arthur, Michael W. ; Registers of Scotland ; Robbie, Jill

University:University of Glasgow

Department:School of Law

关键词: Property law, publicity, privacy, land registration.;   

Others  :  http://theses.gla.ac.uk/8699/7/2018ArthurLLMR.pdf

来源: University of Glasgow

【 摘 要 】

This dissertation takes two seemingly incompatible concepts, publicity and privacy, and analyses them in the context of land registration.In Scotland, generally the transfer or creation of real rights in land requires registration in the Land Register.This external act of registration meets the property law principle of publicity, which ensures third parties are protected by being able to gather information on rights which are enforceable against them.A number of reforms have been implemented recently in order to improve the fulfilment of the publicity principle and there have also been wide-ranging reforms to the law and practice of registration generally with the stated goal of improving transparency.At the same time, protection of privacy, particularly in relation to personal information, has become evermore important and is analysed as a significant aspect of personal autonomy, identity and self-determination.Recent legislation such as the Human Rights Act 1998 and the Data Protection Act 1998 have introduced a number of measures to protect against unjustified violations to privacy and the harms which can result from privacy invasions.This dissertation undertakes a detailed examination of how the publicity principle of property law and the protection of privacy can operate alongside one another in the modern land registration system of Scotland.It concludes that the publicity principle does not necessarily require unfettered public access to land information and recommends a number of law reform measures which would enhance privacy protection while still allowing for the publicity principle to be met.