Titles are proof of ownership of a property or building and contain the various rules that apply to the property or building.

Titles have been gradually changing since the 1980s from their historic form of Sasine Title Deeds to the more modern Land Certificates, which are now known as Title Sheets. However, as the Title Sheets are based on the original Sasine Title Deeds, there should not be any legal difference between them.

Titles to properties in Scotland have been getting modernised since the 1990s and many are now found in the Land Register of Scotland. The Land Register of Scotland issues a new Title Sheet any time a material change is made to the titles. Many owners have the older version of a Title Sheet, called a Land Certificate (a yellow booklet) showing the specific details of their property. Title Sheets are now only issued digitally as the Land Register of Scotland no longer provides hard copy Land Certificates.

If a property is registered in the Land Register, anyone can now obtain a copy of the Title for the property on payment of a modest fee from the Land Register of Scotland. Alternatively, your solicitor may hold a copy, although it is always wise to check if the Title has been updated recently in any way.

If the title to the particular property has not yet been recorded in the Land Register, possible because it has not been sold since before the 1980s, then the title deeds will consist of historic Sasine Title Deeds – a bundle of old deeds dating back hundreds of years. These titles are passed to each new owner and will usually be held by the owner or their solicitor, or the lender if there is an existing mortgage over the property.

Generally, each Title Sheet will have the following sections:

• a map showing the property boundaries
• a property section – a description of the property and a list of any common or individual rights (it may refer to a different part of the Title Sheet)
• a proprietorship section – the owners name, amount paid for the property, and date of entry
• a charges section – a list of any standard securities (mortgages) or other charges affecting the property
• a burdens section – the property’s rules will be found here (if any)

Some Titles are more complex than others. For example, the map may show both individually owned and commonly owned areas, or the property description might be subject to exceptions that are not included in the Title Sheet anymore. It is therefore important to consult a solicitor if there is any doubt or dispute over the contents of your Title.