Warrandice is a form of personal guarantee given by the granter of a deed to the grantee. The warrandice clause appears towards the end of a disposition. “Normal” warrandice can take many different forms, for example:
- … and I grant warrandice.
- … and I grant simple warrandice.
- … and I grant fact and deed warrandice only.
All of these examples are unremarkable, and there is no need to add the warrandice characteristic to the application. Similarly, some dispositions make no mention of warrandice. Again, this is normal and there is no need to add the warrandice characteristic.
Because warrandice is so varied and complex, there are multiple case characteristics which relate to it. The purpose of the initial sift is to broadly identify applications where we will need to examine warrandice more closely, so you should always use the general “Warrandice to check” case characteristic. The other, more specific characteristics will be added at a later stage.
How will I recognise the warrandice characteristic?
Identify the warrandice clause. It’s right at the end of the disposition. (Sometimes the warrandice clause is missing. That’s OK, and there’s no need to add the case characteristic in this situation.)
Look for phrases which are broadly similar to the following styles. In each case, it makes no difference whether simple, full, or fact and deed warrandice is granted:
- … and I grant warrandice but excepting therefrom the northmost cellar …
- … and the seller grants warrandice but excepting therefrom the lease …
- … and we grant warrandice but excepting all servitudes, wayleaves and rights of way …
- …and I grant warrandice but excepting therefrom the area shown coloured yellow on the plan annexed hereto …
- … and the seller grants no warrandice …
- … and excluding therefrom a non-exclusive right of pedestrian over the route shown …
- … but excepting therefrom the part shown pink on the plan annexed hereto, in respect of which no warrandice is granted …
For leases, the warrandice clause will normally quote a sasine reference or LR Title Number for the lease. If there is no sasine reference or LR Title Number, you should assume that it is a short lease which we can safely ignore. There is no need to add the “warrandice” characteristic, however please add a note to JIRA as follows: “Warrandice – lease assumed to be short lease, no further action required”.
What else do I need to know?
- On occasion, you may see a disposition where warrandice has been excepted in respect of a Standard Security. In that case, there’s no need to apply the warrandice characteristic.
- Also on occasion you may see a disposition where warrandice has been granted “subject to” a lease. This is likely to be a short lease (under 20 years) and there is no need to add the warrandice characteristic.
Warrandice guidance in the registration manual.