Since the Land Registration etc (Scotland) Act 2012 came into effect, it has been possible to register seabed in the same way as any other land. Seabed can be registered as part of a mixed title – land and seabed – in which case the application will often be registered using the land-based county. But a registration which is entirely of seabed will normally be registered in the county of SEA.
How will I recognise a seabed application?
Always:
- The property description in the application form will specify that the application includes seabed.
- The property description in the deed will include the word seabed.
Also:
- The registration county will often (but not always) be SEA.
- The granter will usually be Crown Estate Scotland.
- There may be CMS or LRS notes referring to seabed.
- Often there are no prior deeds for a seabed application, so there may be few (or no) sasine deeds referred to in the application.
- There will often be a reference to seabed in the “further information” section of the application form, or in a covering letter.
What else do I need to know?
Seabed cases will often include foreshore. If this is the case, both characteristics should be added to the case.
Some seabed applications are taken on under the adjacent land-based registration county. This is especially the case where:
- It is a mixed title (part land, part seabed)
- Rarely, where a deed relating to seabed has been registered in sasines.
- In this case, the seabed application will often be taken on under the same county as the sasine deeds.
- Most examples will relate to harbour installations – jetties, piers etc.
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