Historic Deed Types

Here is a list of historic deed types that are no longer registrable, and a description of their purpose. For registrable deeds see Registrable Deeds, Deed Codes, Amending Deed Types, Fees and eFin Categories or Requirements of Registrable Deeds

DeedDescription
Blench DispositionA form of land transaction under the feudal system abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. A feudal holding where the reddendo (duty) was nominal (e.g. a penny if asked).
BondA written obligation to pay money. The bond and disposition in security was a type of deed used to create a mortgage over land prior to the standard security.
Charter of NovodamusA type of deed made unregistrable by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. A charter of novodamus was granted by the feudal superior in favour of his vassal where the latter, by loss or otherwise, was unable to produce a good title. Such a charter was often used when the parties agreed to make alterations to the original conditions of the feu.
Disposition ad perpetuam remanentiam (Disp ad rem)A type of deed, made unregistrable under the Abolition of Feudal Tenure etc. (Scotland) Act 2000, which was intended to cancel an existing feudal relationship between a vassal and his superior. The purpose of a disposition containing a clause of resignation ad perpetuam remanemtiam (usually referred to as a "Disp ad rem"), was to reinvest the superior's interest (the superiority) with the vassal's interest (the property) and permanently merge it back into a single interest, i.e. to consolidate the two estates of dominium utile and dominium directum so that they would remain as one (the dominium plenum - see Latin Phrases).
Feu Chartersee Feu Disposition
Feu Contractsee Feu Disposition
Feu DispositionA type of deed made unregistrable by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. A feu disposition created a feudal relationship (that of superior and vassal) between those selling and those buying a property. As in a disposition, the granter of the feu disposition sold the property to the grantee. However, the granter of a feu disposition retained an interest in the property - the superiority (or dominium directum). This interest gave the granter the right to enforce conditions over the property. The grantee had the right to possess the property (or dominium utile), providing that they did not breach any of the conditions set by the granter. The word feu in the title of a deed always indicates that a feudal relationship is created by it.
Instrument of SasineA historical type of writ that described the heritable property by reference to the ceremony transferring that property. The ceremony involved delivering symbols of the property, e.g. earth and stone for land, but became unnecessary; instead recording the instrument became the sole requirement. The ceremony was known as sasine (seisin, i.e. seizing).
Notice of Payment of Improvement Grant or Repairs GrantThis type of deed narrated that a grant of money had been made by a local authority to assist the owner(s) with the expense of improving/repairing the property. The local authority imposed conditions in return for paying for the improvements to the property (for example, it might be that the owner(s) must not use the property for commercial purposes) as they were trying to ensure that it was worthwhile making these grants. The grant may have been made so that lead pipes could be removed; this would be desirable in a dwelling house, in order to improve general living standards, but would for example be less necessary for business premises. Now replaced by a Notice of Grant or a Notice of Loan under the Housing (Scotland) Act 2006.
Section 19 AgreementThe 'Section 19' part of the deed name referred to that section of the Land Registration (Scotland) Act 1979 which provided a mechanism that could be used if there was a discrepancy in the way a common boundary was defined in the title deeds of adjoining subjects. The proprietors could come to an agreement about that boundary and execute a plan showing the agreed line of the boundary between their properties. The deed was registrable/recordable over both properties. 
TackA historical Scots term for a lease.
Writ of Clare Constat This type of deed was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The writ of clare constat was granted by a feudal superior in favour of the heir of a deceased vassal, granting warrant for infeftment and entry in the lands. It derived its name from the declaration with which it opened - that, from authentic documents laid before the superior, it clearly appeared that the grantee was the heir.


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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