General
In terms of section 7(1)(a) of the 2012 Act, the proprietorship section of a title sheet must contain the name and designation of the proprietor (or in a lease title sheet, the tenant), and in terms of section 8(1), the entry for the particulars of any heritable security affecting the right in land to which the title sheet relates, must contain the name and designation of the creditor in the security.
Where the proprietor, tenant or creditor is a non-natural person (e.g. a company or local authority), the designation entered in either the proprietorship section or securities section must include a designation which meets certain minimum requirements. More rarely, this might be the case for a non-natural person who was entitled to enforce a personal real burden or other encumbrance entered in the burdens section of the title sheet. For further information see Designations.
Updating Proprietorship Designations Under DW Applications to Register a Discharge
Generally when registering When settling a Discharge of a Standard Security (that was granted by the current registered proprietor) registration officers will update the proprietors' designation in the Proprietorship Section to reflect any new designation stated in the discharge.The exception to this general rule is where a deed signed by the registered proprietor has recently been submitted/registered (e.g. a Standard Security or Deed of Servitude). In these circumstances, it is not necessary to update the Proprietorship Section to include the designation contained in the Discharge as the designation in the recent deed may be considered to be more up to date because of the registered proprietors involvement. , there is no requirement to make any changes or updates to the Proprietorship Section.
Changes of Name and Survivorship Destinations
If, when processing an application which is not itself a transfer of ownership or tenancy such as a standard security or deed of conditions or other deed (for example a disposition of part of a registered title), it becomes apparent to the registration officer that:
- the registered proprietor of the subjects affected has changed their name/address, or
- a survivorship destination in the title/parent title has operated,
then an update to the proprietorship section of the title sheet must be considered as part of the registration of the deed in question. The registration officer should not requisition formal evidence of the change such as death certificates in an application where a survivorship has operated or may have operated or where a registrable deed narrates that the registered proprietor has changed their name, or their name is clarified by a registrable deed. Although the position for limited companies is regulated by legislation and a company change of name must be recorded at the office of the Registrar of Companies, the certificate of registration of change of name does not require to be examined.
The fullest current name of the registered proprietor should be disclosed in the proprietorship section of the title sheet. All of the information available as part of an application should be considered when deciding how to reflect the current proprietor, including application forms and signatures on deeds, although the information in a deed outweighs that on the application form. Where there is a minor variation between a disposition and a standard security, given the proprietor signs the security consideration should be given to both their signature and also that by signing the deed there is cognition that the information in the deed is accurate. Where the alternative could potentially be a different person (e.g. Jean Smith and Jane Smith) then part, or all, of the application may fall to be rejected.
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Where additional information is contained in an application form then it can be included in the entry, e.g. Jean Smith in deed but Jean Elizabeth Smith on application form then only the fuller name will be shown. Where the deed states Jean Elizabeth Smith but the form says Jean Liz Smith, this will be entered as Jean Elizabeth Smith (because Liz is a common derivative of Elizabeth). |
Historical information should not be shown unless necessary to clarify another entry, e.g. an existing standard security. Therefore, if the grantee in the disposition is named as Jean Smith, formerly Jean Brown, normally only Jean Smith will be shown in the proprietorship section. The registration officer can rely on the solicitor having complied with best practice and undertaken an identity check of the party they are representing.
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How this information is reflected in the proprietorship section is dependent on subsidiary matters. For example, where there is an existing standard security granted by the party under the former name and a link needs to be made between the amended proprietorship entry and another entry in the title sheet.
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For the avoidance of doubt, if the registration officer is not sure that a change of name has occurred e.g.because they cannot clearly identify a company with a different name as being the company in the proprietorship section (usually because the company numbers are different or because the proprietorship section does not contain a company number) or no survivorship destination can have operated, then no update to the proprietorship section should be undertaken.
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Where either there is no clear change of name or no survivorship destination can have operated, in the absence of clear information in the application form as to what is transpiring it must be assumed that there is a midcouple (a transfer or conveyance which cannot be registered). For example, the property may have become vested in the registered proprietor's executor(s) on their death and the deed (such as a standard security) is being granted by a beneficiary but they have chosen not to register their title using a notice of title. The proprietorship section should not be amended. A notice of title can be submitted for registration or, if the applicant believes that retaining the proprietorship section unamended has made the register inaccurate, they can submit evidence requesting rectification. |
In addition, there are certain clear circumstances where one party is empowered to act for another and no change to the proprietorship section is required.
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Certain parties can act for the registered proprietor and therefore the proprietorship section should not be altered as a result of deeds such as those:
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Styles of Proprietorship and Security Section Entries
The words ‘residing at’ (or similar) should only be used where it explains the designation e.g. Accountant with X Limited residing at 6 High Street, Paisley (if the words ‘residing at’ were omitted from this designation, the inference would be that the address was X Limited’s address). Similarly, if the proprietor is designed as a ‘widow/widower of’, the spouse will not be named unless the designation would otherwise be unclear. The county should only be entered in the designation if the address given is not Scottish. For the avoidance of doubt, the Country (if given in the deed) should be omitted for UK addresses.
Where a party is designed as "care of" another party, this should only be reflected in the entry if the designation is a business.
So that the content and purpose is exactly as the deed intended, the title sheet must reflect the deed accurately. This reflection of the deeds may seem cumbersome but it is essential that the registration officer does not interpret the deed. The following table provides some examples:
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The securities section should only contain the name given in the security deed (rather than repeating all names from the proprietorship section). The following table provides some examples:
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Examples where separate security received:
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For screenshot examples of how to enter alternative and former names into the proprietorship section, see Persons Indexing Guidelines. |
Change of Trustees
Where a trustee ceases to act as a trustee (by resignation etc.), then they cease to be a joint owner of the heritable property in question. Accordingly, the change to the register should be made by rectification because there will be a manifest inaccuracy in continuing to show them as owner. Such cases should be referred to the Post Registration Enquiries team.
Where a new trustee is assumed or appointed, this will (subject to an exception for ex officio trustees) require a deed to be submitted for registration which will enable the title sheet to be updated. Occasionally this will be by disposition in the same way as any transfer of property: more often it will be the registration of a notice of title following an off register deed, for example a deed of assumption and conveyance.
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The exception to the aforementioned rule is where property is held by ex officio trustees who become automatically entitled when appointed to the office and this change should be effected by rectification. |
The following table summarises common scenarios and the footnotes confirm the authorities for the position.
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[1] Section 21 of the Trusts (Scotland) Act 1921 Act specifies this is a general conveyance/midcouple only. [2] Effect under s.20 of 1921 Act is to divest resigning trustee and accrue or devolve property on the continuing trustees without conveyance. [3] Effect is same as resignation under s.20 per MacDonald "Conveyancing Manual" 7th Edition. [4] The rules concerning ex officio trustees can be found in s.26 of the Titles to Land Consolidation (Scotland) Act 1874 which applies to religious and educational trusts only, and s.45 of the Conveyancing (Scotland) Act 1874 applies to any trust but only where the office of trustee is conferred upon the holder of the office ex officio. The effect is to "effectually vest their successors in office for the time being chosen … without transmission or renewal" per s.26 and where s.45 applies a new trustee appointment has the effect of "a valid and complete title … as if he had been named in a recorded title." [5] Per s.24 of the 1921 Act read with s.24 of the Title to Land Consolidation (Scotland) Act 1868 and s.44 of the Conveyancing (Scotland) Act. |