The School Sites Act 1841

25.1 Introduction

Section 2 of the Act (referred to in deeds as 'an Act passed in the fifth year of the reign of Her Majesty Queen Victoria entitled An Act to afford further Facilities for the Conveyance and Endowment of Sites for Schools.') contained provisions governing the reversion of land to the former proprietor after it ceased to be used for educational purposes.

However in terms of Section 86 of the Title Conditions (Scotland) Act 2003, which came into force on 4 April 2003, there is no longer any requirement to include in a title sheet any clause containing reversionary provisions in terms of the School Sites Act 1841. This applies irrespective of when the application was submitted.

25.2 Removal of existing exclusions of indemnity

As from 4 April 2003 an existing exclusion of indemnity entered in a title sheet as a result of the possibility of the reversionary provisions in the School Sites Act 1841 having operated may be removed from the Title Sheet, and consequently the Land Certificate, on receipt of an appropriate application. It is not necessary to examine any evidence or to carry out any investigation before removing such exclusions.

The Keeper's policy on removal of such existing exclusions is as follows:

(a) Where an application for registration is being processed, the exclusion should be removed (whether or not this has been specifically requested). No application form is required and no fee will be payable for the removal.

(b) Where removal is sought on its own application should be made using a Form 2. A miscellaneous event fee is payable. Section 86 of the Title Conditions (Scotland) Act 2003 should be inserted in the section marked "Name of Deed" in Part A of the Form 2.

25.3 Entail Sites Act 1840

A similar right of reversion exists under the Entail Sites Act 1840 (which Act was also known in the past as the Church and School Sites Act 1840) in respect of land granted out of entailed estates for use as places of worship, burial grounds, schools, playgrounds, and ministers' and schoolmasters' houses. In this instance, the heir of entail in possession could reclaim the land by a petition to the sheriff court if the land is not used for the appropriate purposes. The scope of this reversion was wider as the conveyance could be to any person and not just educational bodies.

As a result of section 87 of the 2003 Act and 50(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, both of which came into force on 28 November 2004, there is no longer any risk to the Keeper's indemnity of the exercise of the right to petition for the land to be returned to the estate. On the appointed day, any remaining entailed land was automatically disentailed and where a right to petition existed, it was converted into a right to claim compensation in the same manner as that for reversions under the School Sites Act.
Any existing exclusions of indemnity in respect of these reversions can be removed in a similar fashion to those under the School Sites Act.

25.4 Other reversions

It is still possible that some deeds may contain a right whereby the property reverts back to the granter or his successor or there is a right in the granter or their successors to reacquire property in the event of the fulfilment of a condition or conditions. From the appointed day it is not longer competent to create a right of reversion. But reversions created before then may continue to subsist.

In addition, there may be other statutes, as yet unidentified, may contain or have contained statutory rights of reversion which were not addressed by the Title Conditions (Scotland) Act 2003. Any registration officer who encounters a deed where a right of reversion may exist or have existed should refer the relevant case to a senior caseworker, who will if necessary seek the advice of Legal Services.