Names and Changes of Name in the Proprietorship and Securities Sections

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

When settling a Discharge of Standard Security, 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.

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.

Examples of alternative names and changes of name where amendment is appropriate - either change of name, designation or survivorship destination is assumed to have operated

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.

Current registered proprietor	Current application	Amendment to proprietorship section
JEAN SMITH - no existing standard security	To register standard security granted by Jean Smith or Jones	Assume change of name has occurred Existing entry is amended to JEAN SMITH or JONES
JEAN SMITH - one existing standard security	To register standard security granted by Jean Smith or Jones	Assume change of name has occurred Existing entry amended to JEAN SMITH or JONES
JEAN SMITH - one existing standard security	To register standard security by Jean Jones	If application/deed indicates change of name has occurred - existing entry is amended to JEAN SMITH (otherwise JEAN JONES)
MICHAEL ROSS - no standard security	To register standard security by Angus Minelli	If additional information is provided explaining the change of name the proprietorship section entry should be amended to ANGUS MINELLI.
JEAN SMITH and JOHN SMITH EQUALLY AND SURVIVOR	To register standard security by Jean Smith only, affecting whole subjects and not her pro indiviso share	Existing entry in proprietorship section amended to remove JOHN SMITH, along with reference to property being held equally and reference to survivorship destination. No second entry is required, as the change is a rectification of the title sheet to indicate that the survivorship destination has operated.
JEAN SMITH and JOHN JONES, both 1 Main Street	To register standard security by Jean Smith and John Jones, spouses	Amend designation from "both" to "spouses". Note that if the original designation was "spouses" and the new standard security designed them as "both" you would only change the proprietorship section if there was additional information in the deed or application form explaining why they were no longer to be designed as spouses e.g. the previous designation was erroneous or they were now divorced.
MEADOWBANK HOMES LIMITED - no existing standard security	To register standard security by Meadowbank Homes and Conservatories Limited	If: the application form indicates change of name of company has occurred; or it is clear that the granter of the security has same company number as the proprietor in the proprietorship section, the existing entry is amended to MEADOWBANK HOMES AND CONSERVATORIES LIMITED
MEADOWBANK HOMES LIMITED - one existing standard security	To register standard security by Meadowbank Homes and Conservatories Limited	If: the application form indicates change of name has occurred; or it is clear that the granter of the security has same company number as the proprietor in the proprietorship section, the existing entry is amended to MEADOWBANK HOMES AND CONSERVATORIES LIMITED (formerly MEADOWBANK HOMES

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.

Examples where amendment is not appropriate

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.

Examples where no change to proprietorship section required

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:

granted by attorney for registered proprietor acting under power of attorney;
granted by guardian, authorised person under Adults with Incapacity (Scotland) Act 2000 (where incapax adult is registered proprietor);
granted by guardian for minor child (the minor child being the registered proprietor);
granted by administrator or receiver for limited company under the Companies Acts;
granted by liquidator for limited company under the Companies Acts.

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:

Table for designation and proprietorship section entries

DEED	ENTRY
John Brown, Civil Servant and Jane Smith or Brown, spouses, both residing at 5 Crown Street, Paisley, Renfrewshire	John Brown, Civil Servant and Jane Smith or Brown, spouses, 5 Crown Street, Paisley.
John Brown, Civil Servant, 5 Crown Street, Paisley and his wife Jane Smith or Brown, residing with the said John Brown.	John Brown, Civil Servant, 5 Crown Street, Paisley and his wife Jane Smith or Brown.
John Brown and Angus Minelli, spouses, both residing at 10 London Road, Glasgow	John Brown and Angus Minelli, spouses, 10 London Road, Glasgow
Jane Smith or Brown, wife of John Brown, Civil Servant, 5 Crown Street, Paisley.	As the deed.
Jane Smith or Brown, Housewife, 5 Crown Street, Paisley and her husband John Brown, Civil Servant, residing with the said Jane Smith or Brown.	Jane Smith or Brown, 5 Crown Street, Paisley and her husband John Brown, Civil Servant.
Jeanne Smith or Brown, residing at 5 Crown Street, Renfrew, widow of James Brown, Engineer who resided at 10 London Road, Glasgow.	Jeanne Smith or Brown, 5 Crown Street, Paisley
Jean Brown or Smith, widow of John Smith, Lance Sergeant First Battalion, Scots Guards, Caterham, Surrey.	As the deed.
Michael Ross, Engineer and Angus Minelli, civil partners, both residing at 5 Mains Street, Edinburgh	Michael Ross, Engineer and Angus Minelli, civil partners, 5 Mains Street, Edinburgh
Michael Ross, Engineer and Andrea Minelli, civil partners, both residing at 5 Mains Street, Edinburgh	Michael Ross, Engineer and Andrea Minelli, civil partners, 5 Mains Street, Edinburgh
Michael Ross residing care of Angus Minelli 5 Mains Street, Edinburgh	Michael Ross 5 Mains Street, Edinburgh
Jack Smith residing care of Big Bank Limited, 1 Switzerland Road, Musselburgh	Jack Smith care of Big Bank Limited, 1 Switzerland Road, Musselburgh

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:

Table for proprietorship and securities section entries

Disposition	Standard security	Proprietorship section entry	Securities section entry	Instruction
Tom Maclean	Thomas Maclean	Thomas Maclean	Thomas Maclean	Enter fullest name
Thomas Maclean	Thomas Sharp Paterson Maclean	Thomas Sharp Paterson Maclean	Thomas Sharp Paterson Maclean	Enter fullest name
Thomas Maclean	David Thomas Maclean	David Thomas Maclean (otherwise Thomas Maclean)	David Thomas Maclean DO NOT USE BOTH	To allow search of both names - no repeat in securities section
Thomas Maclean formerly Thomas Smith		Thomas Maclean formerly Thomas Smith	Thomas Maclean	Reflect deed to allow search of both names - do not show historic information in the securities section
Thomas Maclean otherwise Thomas Smith		Thomas Maclean (otherwise Thomas Smith)	DO NOT USE BOTH - reflect security deed	Reflect deed (otherwise) but no repeat in the securities section
Thomas Maclean known as Thomas Smith		Thomas Maclean (known as Thomas Smith)	DO NOT USE BOTH - reflect security deed	Reflect deed (known as) but no repeat in the securities section
Thomas David (known as David) Maclean		Thomas David Maclean (known as David Maclean)	Thomas David Maclean DO NOT USE BOTH	Both names searchable in the proprietorship section - no repeat in the securities section
Marie Thomson	Mari Thomson	Marie Thomson (otherwise Mari Thomson) - if no definitive supporting evidence	Marie Thomson OR Mari - DO NOT USE BOTH	Could be spelling mistake or different name
Marie Thomson or Brown	Marie Brown	Marie Thomson or Brown	Marie Thomson or Brown	Both names will show on search
Thomsa Maclean	Thomas Maclean	Thomas Maclean	Thomas Maclean	Obvious spelling mistake
Thomas Maclean trading as Short Builders		Thomas Maclean trading as Short Builders	Thomas Maclean Short Builders	"Trading as" inserted as link text

Examples where separate security received:

Existing proprietorship section	Existing securities Section	new standard security	Proprietorship section entry	Securities section entry	Comments
Josie Macdonell	Josie Macdonell	Josephine Macdonell	Josephine Macdonell	Josephine Macdonell	Enter fullest name
Josephine Clarke	Josephine Clarke	Josephine Clarke or Macdonell	Josephine Clarke or Macdonell	Josephine Clarke or Macdonell	Okay to use "or" in the securities section (all in one entry)
Josephine Clarke otherwise Macdonell	Josephine Macdonell	Josephine Macdonell	Josephine Clarke otherwise Macdonell	Josephine Macdonell	Do not use "otherwise" in the securities section
Josephine Clarke or Macdonell		Josephine Clarke or Macdonell	Josephine Clarke or Macdonell	Josephine Clarke or Macdonell	Okay to use "or" in the securities section (all in one entry)
Josephine Clarke or Macdonell		Josephine Matilda Macdonell	Josephine Matilda Clarke or Macdonell	Josephine Matilda Clarke or Macdonell	Okay to use "or" in the securities section
Moira Anne McCaa		Moira Anne Hayes (formerly Moira McCaa otherwise Moira Anne McCaa)	Moira Anne Hayes (formerly Moira Anne McCaa)	Moira Anne Hayes
James Iain Smith		James Smith	James Iain Smith	James Iain Smith	Import full name from the proprietorship section
Jeanne Brown		Jeanne Smith or Brown	Jeanne Smith or Brown	Jeanne Smith or Brown	New info incorporated into the proprietorship section, then imported into the securities section
Laura MacDonald	Laura MacDonald	Laura McKay formerly MacDonald	Laura McKay (formerly Laura MacDonald)	Laura McKay	Leave any existing the securities section entries alone e.g. in this case "Laura MacDonald" as that was correct at time of registration.
Gareth Johnson	Gareth Johnson	Gareth Johnstone (signature confirms)	Gareth Johnson (otherwise Gareth Johnstone)	Gareth Johnstone

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.

Exception

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.

Table of common scenarios

Deed or event	Registrable deed under s.49 of 2012 Act ?	Notice of title required?	Evidence of inaccuracy?
Deed of assumption and conveyance	No	Yes ^{^[1]}	No
Minute of resignation of trustee	No	No	Yes ^{^[2]}
Decree of removal of trustee	No	No	Yes ^{^[3]}
Appointment of new ex officio trustees	No	No	Yes ^{^[4]}
Decree authorising beneficiaries to make up title	Yes ^{^[5]}	No	No

^[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.