Notice of Title - Example Deeds

General 

A notice of title is registrable by virtue of section 4A of the Conveyancing (Scotland) Act 1924.

Schedule BA of that Act provides the statutory form which is to be used for a notice of title being submitted for registration in the Land Register. A notice of title submitted for registration must closely resemble the statutory style provided

A notice of title is used to complete title of a person having right either to land (for example as an owner or a tenant under a lease) or to a heritable security by a midcouple (an unregistrable form of conveyance), for example a trustee holding under an award of sequestration or an executor holding under a confirmation or a trustee appointed under a deed of assumption and conveyance.

See Persons Indexing Guidelines for details of how to enter executors, trustees and other parties acting in a special capacity into the proprietorship section.

 Statutory style

Be it known that A.B. (designation) has right as proprietor to all and whole (description) confirm to the last completed title and subsequent writ (or writs(, which title and writ (or writs) have been presented to me, Y.Z. (designation) Notary Public (or Law Agent)

 Notes to the statutory style

Note 1: Where the notice is in respect of a subordinate real right, other than a registered lease having its own title sheet, for "proprietor to" substitute "holder of liferent" (or other right as the case may be), over".

Note 2: Where the notice is in respect of a registered lease having its own title sheet, for "proprietor to" substitute "tenant of".

Note 3: If any writ by which A.B. acquired right contains a new title condition, whether burdening or benefiting the property, the condition is to be inserted in full after the description of the property.

Examples

Right of an owner - dealing with whole

BE IT KNOWN that Katherine Anderson, residing at 25 Murrayhall View, Cambusnethan has right as proprietor to ALL and WHOLE the subjects 111 Smith Terrace, Edinburgh, being the subjects registered in the Land Register of Scotland under Title Number MID134567, conform to the last completed title and subsequent writs which title and writs have been presented to me, Christina Mitchell, Camerons LLP, Office 12, 55 George Street, Edinburgh, Law Agent: IN WITNESS WHEREOF these presents are executed by me at Edinburgh on 15 June 2015 before this witness, Jean Smith, Law Clerk, Office 12, 55 George Street, Edinburgh


Jean Smith  (Witness)                            Christina Mitchell

Resulting proprietorship section

Entry No.

Proprietor

Date of Registration

Consideration

1

Katherine Anderson, 25 Murrayhall View, Cambusnethan


Note. "The date of entry field is intentionally blank."

20 Jun. 2015

Not applicable

Date of Entry


There is no consideration or date of entry in a notice of title. "Not applicable" is added to the consideration field but no date of entry can be added. A note should be added to explain the blank date of entry field. (Exception: if a notice of title is received with an entry date either in the deed or on the form, it is acceptable and that date should be reflected in the title sheet.)



Right of an owner - first registration

BE IT KNOWN that Laura MacDonald or McKay, residing at 205 Mortonhall Grove, Cambusnethan has right as proprietor to ALL and WHOLE the subjects 111 Smith Terrace, Edinburgh, beIng the subjects described in and disponed by Feu Disposition by Alright Builders (Edinburgh) Limited in favour of Michael Ross recorded in the Division of the General Register of Sasines for the County of Midlothian on 25 June 1995, conform to the last completed title and subsequent writ which title and writ have been presented to me, Kriti Malhotra, Camerons LLP, Office 12, 55 George Street, Edinburgh, Law Agent: IN WITNESS WHEREOF these presents are executed by me at Edinburgh on 15 June 2015 before this witness, Susan Brown, Law Clerk, Office 12, 55 George Street, Edinburgh.


Susan Brown  (Witness)                            Kriti Malhotra

Resulting proprietorship section

Entry No.

Proprietor

Date of Registration

Consideration

1

Laura MacDonald or McKay, 205 Mortonhall Grove, Cambusnethan


Note. "The date of entry field is intentionally blank."

20 Jun. 2015


Not applicable

Date of Entry


There is no consideration or date of entry in a notice of title. "Not applicable" is added to the consideration field but no date of entry can be added. A note should be added to explain the blank date of entry field. (Exception: if a notice of title is received with an entry date either in the deed or on the form, it is acceptable and that date should be reflected in the title sheet.)



Right of creditor

BE IT KNOWN that Jean Smith or McKay, residing at 53 Carryletham, Bridge of Tannochwearie, has right as holder of the standard security granted by Andrew Campbell in favour of Muhammed McKay, registered 25 April 2015, affecting the subjects 12 John Smith Avenue, Edinburgh, registered under title number MID134567, conform to the last completed title and subsequent writ, which title and writ have been presented to me, Kriti Malhotra, Camerons LLP, Office 12, 55 George Street, Edinburgh, Law Agent: IN WITNESS WHEREOF these presents are executed by me at Edinburgh on 15 June 2015 before this witness, Susan Brown, Law Clerk, Office 12, 55 George Street, Edinburgh.


Susan Brown  (Witness)                            Kriti Malhotra

Entry is made in the securities section of the title sheet by a note to the entry for the relevant heritable security.

Resulting securities section

ENTRY NO

SPECIFICATION

DATE OF REGISTRATION

1

Standard Security by said ANDREW CAMPBELL in favour of MUHAMMED MCKAY, 53 Carryletham, Bridge of Tannochwearie. 

25 Apr. 2015

Note 1: By Notice of Title registered (enter date of registration) Jean Smith or McKay, 53 Carryletham, Bridge of Tannochwearie has right as holder of the above standard security.


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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