Scottish Land Deals Lying in the Shadows as Wealthy Use Loophole Conceals Billions in Sales Prices
A lucrative loophole used by Scotland's wealthy landowners has raised eyebrows among campaigners, who claim it's being misused to conceal billions-worth of Highland property deals from the public. The mechanism, which allows buyers to avoid putting sales prices on the title deeds and, subsequently, on the public land register, is being used by high-profile firms such as Discovery Land Company and Oxygen Conservation.
According to a report by Andy Wightman, a leading land reform analyst, at least £300m-worth of Highland property transactions have been affected by this loophole. Wightman's latest sales survey found that Oxygen Conservation, one of the UK's largest private landowners, used the mechanism when it purchased two Scottish estates for £42.75m and £75,000.
The use of this loophole has sparked alarm among land reformers, who argue that it undermines efforts to make the land market more transparent. "Transparency in land market data – including accurate sales values – is vital," said Josh Doble of Community Land Scotland. "It's simply unacceptable that those acquiring large pieces of land can obscure transaction details, when any homeowner has to provide that information publicly."
The loophole involves opting out of putting the price paid for the land into the required box on the registration form given to Registers of Scotland. Instead, buyers insert a legal term "implementation of missives" in the box marked "non-monetary consideration". To access the sales prices, interested parties must write to Registers of Scotland and pay a fee.
Critics argue that this tactic is being used by landowners and agents to "consciously conceal" the prices paid. Wightman is now calling on Scottish ministers to amend the law to make it mandatory for sales prices to be put on title deeds.
The Scottish government has said it's investigating options to change the rules, but maintains that Registers of Scotland does not have the power to instruct someone to put the price into the title deeds. However, Wightman remains convinced that this loophole must be tightened up to prevent further abuses.
A lucrative loophole used by Scotland's wealthy landowners has raised eyebrows among campaigners, who claim it's being misused to conceal billions-worth of Highland property deals from the public. The mechanism, which allows buyers to avoid putting sales prices on the title deeds and, subsequently, on the public land register, is being used by high-profile firms such as Discovery Land Company and Oxygen Conservation.
According to a report by Andy Wightman, a leading land reform analyst, at least £300m-worth of Highland property transactions have been affected by this loophole. Wightman's latest sales survey found that Oxygen Conservation, one of the UK's largest private landowners, used the mechanism when it purchased two Scottish estates for £42.75m and £75,000.
The use of this loophole has sparked alarm among land reformers, who argue that it undermines efforts to make the land market more transparent. "Transparency in land market data – including accurate sales values – is vital," said Josh Doble of Community Land Scotland. "It's simply unacceptable that those acquiring large pieces of land can obscure transaction details, when any homeowner has to provide that information publicly."
The loophole involves opting out of putting the price paid for the land into the required box on the registration form given to Registers of Scotland. Instead, buyers insert a legal term "implementation of missives" in the box marked "non-monetary consideration". To access the sales prices, interested parties must write to Registers of Scotland and pay a fee.
Critics argue that this tactic is being used by landowners and agents to "consciously conceal" the prices paid. Wightman is now calling on Scottish ministers to amend the law to make it mandatory for sales prices to be put on title deeds.
The Scottish government has said it's investigating options to change the rules, but maintains that Registers of Scotland does not have the power to instruct someone to put the price into the title deeds. However, Wightman remains convinced that this loophole must be tightened up to prevent further abuses.