Disposition - Example Deeds

General

A disposition is registrable in the Land Register by virtue of section 50(1) of the 2012 Act.

A disposition is a form of deed which runs in the name of a granter alone, and is intended to transfer the ownership of land. This is simply an example of what a registration officer might expect the language of a disposition to be, where the granter or person executing the disposition is not doing so by virtue of any type of special authority such as being a liquidator, administrator, or heritable creditor acting in power of sale.

There is no statutory style or format for a disposition. The example below is broken down into its key clauses.

Useful links

Example disposition (corporate insolvency and administration)

Example disposition (sequestration)

Example disposition (heritable creditor in power of sale)

Warrandice clause in a disposition

Example

Clause	Information provided	Terms of the disposition
Narrative clause	Granter's name and designation Consideration paid Name and designation of person who paid price	I, ANDREW CAMPBELL, residing at Twelve Shipyard Road, Markinch, Glenrothes, heritable proprietor of the subjects and others hereinafter disponed IN CONSIDERATION of the sum of EIGHTY FIVE THOUSAND POUNDS (85,000) STERLING paid to me by JAMES WILLIAM ANDERSON and MRS KATHERINE ANDERSON, residing together at Lily Cottage, Main Street, Thornton, Fife, of which price I hereby acknowledge the receipt and discharge them,
Operative clause	Operative words name and designation of grantee Destination Description of property conveyed	have sold and do hereby dispone to the said James William Anderson and Mrs Katherine Anderson equally between them and to the survivor of them and to the executors of the survivor whomsoever heritably and irredeemably ALL and WHOLE the subjects known as Twelve Shipyard Road, Markinch, KY7 6BA, registered in the Land Register of Scotland under Title Number FFE0001 ;
Entry clause	Date purchaser took possession	With entry on the Ninth day of February TWO THOUSAND AND FIFTEEN notwithstanding the date hereof;
Warrandice clause	xxxxxxxxxxxxxxxxxxxxx	And I grant warrandice;
		And I confirm that until these presents have been registered in the Land Register of Scotland I shall hold the title to the said subjects hereinafter disponed but only in trust for the said James William Anderson and Mrs Katherine Anderson:
Testing clause		IN WITNESS WHEREOF these presents are subscribed by me the said Andrew Campbell at Dundee on the Fifth Day of February Two Thousand and Fifteen in the presence of this witness Kriti Malhotra, Solicitor, of Seventeen Crichton Street, Dundee.
	Signature of granter and witness	Andrew Campbell Kriti Malhotra

Resulting Proprietorship Section

Entry No.	Proprietor	Date of Registration	Consideration
1	James William Anderson and Katherine Anderson, both Lily Cottage, Main Street, Thornton, equally between them and the survivor of them.	20 FEB 2015	£85,000
			Date of Entry
			9 FEB 2015