Corrective Disposition
For situations where a DW application is received for registration which is to correct the terms of a disposition (X to Y) submitted in an earlier application and which had been accurately registered.
Where the agents for the granters and grantees of a registered deed determine that that deed is void, they can arrange for corrective conveyancing to be drawn up and re-submitted as a new application along with the appropriate fee. The new deed can narrate the agreement details but if it doesn't then supporting evidence must be submitted to confirm agreement."
The DW application to register the corrective deed can be accepted in the following circumstances and on the following basis.
- The fresh deed is granted by the same granters.
- An application form is submitted. No abated fee is possible - full fee as per Fee Order.
- A statement is made in the application why the original deed is considered flawed and a replacement is now being presented. This can be in a letter, in gremio of the deed or in the additional information part of the application form.
Although given effect to within a single DW application, there are effectively 2 different elements involved in completing the application.
By the actions of both parties, in drawing up a new deed and submitting it for registration, it can be accepted that they consider the original disposition by X to Y is void. As such Y appearing in the B Section as proprietor, as a result of a void deed, is an inaccuracy. Rectification to restore X as proprietor would be appropriate. X would then have title to grant the deed now being submitted for registration. And the new deed could be registered.
Under 1979 act these scenarios were frequently described as corrective dispositions which attracted a specific "Corrective Deed" fee. This is no longer possible. In such situations the rectification element requires no fee, however the deed now being registered will require the appropriate ad valorem fee based on the value of the subjects.
Due to the likely complexity of such applications they should be processed by senior referral officers.
Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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