Inaccuracies not Evident from Registered / Recorded Deeds - Rectifications

	Error	Evidence required to demonstrate a manifest inaccuracy
1	Change of name (natural person)	As evidence of the name change, we will accept: Written confirmation from solicitor or other responsible person, such as a general practitioner, MSP/MP confirming that they have known the person under both names. This is in line with the standard of evidence required for other purposes such as obtaining driving licences &c. or A statutory declaration for example, before a Justice of the Peace or affidavit sworn before a notary public and The Keeper will also require to see evidence linking the person in their new name and the affected property. This may take the form of an address, former address &c in either of the above or could take the form of a letter from a solicitor confirming it is the same individual.
2	Incorrect name (natural person) – where the deed has narrated the incorrect name and carried forward into the Register.	Minor typos that cannot be interpreted as a different person we will accept: Written confirmation from a solicitor acting for the grantee as to what has occurred; or A copy of the missives showing the correct name or proof of identification such as a passport or driving licence showing the correct name. Where the change is material and could be interpreted as being a different person, the inaccuracy is not manifest. Keeper would require clear evidence of a manifest inaccuracy, e.g. such as court order declaring that the disposition containing the inaccurate name nonetheless had the effect of vesting the property in the same person under the 'correct' name. Otherwise rectification will be refused. The parties may consider remedial conveyancing or whether an order under section 8 of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1985 might resolve the issue.
3	Change of name - company	UK Companies Certificate of registration of change of name. The onus is on the party requesting rectification to identify all affected title numbers. Foreign Companies Appropriate evidence from that jurisdiction and Confirmation from a solicitor that it is a continuing legal entity. The onus is on the party requesting rectification to identify all affected title numbers.
4	Incorrect name (company) – where the wrong name is provided in the deed and carried forward into the Register.	Where the name is reconcilable with the other details in the deed e.g. company number, registered office and it just contains a typo or a minor discrepancy then we will accept: Written confirmation from a solicitor acting for the grantee as to what has occurred or Certificate of incorporation or Copy of missives showing the correct name. If error is material and consequently there is doubt about whether the registered deed was capable of vesting the property in the name of the company claiming ownership, the inaccuracy is not manifest or if it is, how to rectify it is not manifest. Keeper would require clear evidence demonstrating how to rectify the title e.g. such as court order declaring that the disposition containing the inaccurate name nonetheless had the effect of vesting the property in the same company under the 'correct' name. Otherwise rectification into the alleged "correct" name will be refused, though the Keeper would consider whether a section 80(3) note on the title would be appropriate to advise that there is an inaccuracy but that it was not manifest now to rectify the title. The parties may consider remedial conveyancing or order under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985.
5	Incorrect company number – where the wrong number is provided in the deed and carried forward into the Register.	Where the number is reconcilable with the other details in the deed e.g. company name, registered office and it just contains a minor typo then we will accept: Written confirmation from solicitor acting for grantee as to what has occurred and that either no company exists with that number or if one does there is no doubt as to the company claiming ownership being the intended grantee or Copy of missives showing name used and correct number to be rectified in register or Certificate of incorporation and confirmation that incorrect number in deed either does not apply to another company and if it does the name of that company should be provided to demonstrate there can be no doubt as to who the intended grantee was. If there is any doubt as to what the correct company number should be then we would be unlikely to rectify e.g. deed narrates McDonald Builders Limited, but has the company number for MacDonald Builders Limited. We would consider whether a section 80(3) note on the title would be appropriate to advise that there is an inaccuracy but that it was not manifest how to rectify the title. Keeper would require clear evidence e.g. such as court order declaring that the disposition containing the inaccurate number nonetheless had the effect of vesting the property in company claiming ownership with the ‘correct’ number, to allow rectification to proceed. Otherwise rectification will be refused. The parties may consider remedial conveyancing or an order under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985.
6	Change of designation – company registered office.	Written confirmation from solicitor or Appropriate company documentation confirming change of address. The onus is on the party requesting rectification to identify all affected title numbers.
7	Change of designation – natural person.	If request is to update designation to property address – no further evidence required. (External guidance to make it clear that this is not a material inaccuracy and can be updated on next application.) If request is to change designation to a new address other than the property itself we will accept: Written confirmation from solicitor or Supporting documentation such as driving licence, utility bill, passport. The onus is on the party requesting rectification to identify all affected title numbers.
8	Wrong date of entry – where the wrong date was provided in disposition and carried over into the Register or disposition was blank and the Register contains the appropriate term date	• Written confirmation from solicitors acting for both sides evidencing correct date of settlement of transaction or • Affidavits from both sides confirming the date of settlement.
9	Death of a party – Register accurately reflects deed when registered but request is made to remove party as they have died. (No special destination)	If there is an Executor confirmed then it is for the executor to take title using a notice of title if they wish or convey to a beneficiary/purchaser. The confirmation does not evidence a manifest inaccuracy. Matter for conveyancing rather than rectification. The law is not clear on the status of the deceased’s title for the period between death and appointment of the executor. Consequently, the Keeper is not content that there is a manifest inaccuracy during the period and in any event, in the absence of a notice of title or conveyance, if there is how to rectify it is not manifest. Rectification refused.
10	Death of a party – Register accurately reflects deed but request to show surviving proprietor as sole proprietor – operation of a survivorship destination	Keeper will require: • Death certificate and • Confirmation from a legally qualified person such as solicitor of non-evacuation of special destination (written confirmation from an individual is not sufficient.)
11	Incorrect flat number/orientation	Scenario 1 Description in the deed provides postal address, orientation and plan however the deed contains an ambiguity in one of the elements e.g. Flat 1A, eastmost on ground floor and shown as eastmost on plan. Request to rectify postal address as the eastmost flat is known as 1B on the ground. Keeper will require: Confirmation of the position on the ground- this could be a statement of correct description from a solicitor or a surveyor or a full statement from the proprietor confirming the position on the ground and Evidence of agreement (express or tacit) from the other affected proprietors, if applicable, to the proposed rectification. The true position is clear from the other elements of the description and affected parties are all in agreement. Manifest inaccuracy and how to rectify it is also manifest – rectification. Scenario 2 Deed conveys the wrong property completely e.g. the deed simply conveys the eastmost third floor flat but the ‘proprietor’ is occupying the westmost third floor flat. There is no inaccuracy – it is a matter of occupation off register. The parties may wish to consider remedial conveyancing. Scenario 3 (Whiteley scenario) Difficulties in the conveyancing affecting more than one title within the tenement. The layout, title and occupation cannot be reconciled from the deeds or the information presented. The Keeper will require: clear evidence of what is happening on the ground such as a statement from a solicitor who has visited the property, surveyor's report or a statement by all the affected parties and Evidence of agreement (express or tacit) from all affected parties to the proposed rectification or Judicial determination on the true position.