Deed of Restriction - Example Deeds

General

A deed of restriction is registrable by virtue of section 15 of the Conveyancing and Feudal Reform (Scotland) Act 1970. A statutory style is provided at Form C of Schedule 4 to the 1970 Act.

The purpose of a deed of restriction is to release part of a plot of land from a standard security or other heritable security, for example so that a developer can sell a unit in a development without the security granted by the developer remaining in force and affecting the purchaser.

A deed of restriction should closely resemble the statutory style.

A deed of restriction is given effect to by omitting the standard security from the title sheet for the plot of land released. If the plot of land released by a deed of restriction remains part of a larger registered plot, a deed of restriction can be given effect to by use of a reference on the cadastral map to identify the land no longer affected by the standard security.

Useful links

Discharge of standard security - example deed

Securities Section Information

Standard security - example deed

Statutory style

I, A.B. (designation), in consideration of (specify consideration, if any) hereby disburden of a standard security for £ (or a maximum sum of £ ; in other cases, describe as indicated in Note 2 to this Schedule) by C.D. in my favour (or in favour of E.F.) registered in the Land Register of Scotland on ...................... over title number (or recorded in the register for ... on ...) (adding if necessary, but only to the extent of £ of principal) ALL and WHOLE (describe the subjects disburdened in the same way as directed in Note 1 to Schedule 2 to this Act in the case of a description of security subjects).

Note 1 to Schedule 2 (re description) reads:

The security subjects shall be described sufficiently to identify them; but this note is without prejudice to any additional requirement imposed as respects any register.

Note 2 to Schedule 4 reads:

In an assignation, discharge or deed of restriction, (1) a standard security in respect of an uncertain amount may be described by specifying shortly the nature of the debt or obligation (e.g., all sums due or to become due) for which the security was granted, adding in the case of an assignation, to the extent of £ being the amount now due thereunder and (2) a standard security in respect of a personal obligation constituted in an instrument or instruments other than the standard security itself may be described by specifying shortly the nature of the debt or obligation and referring to the other instrument or instruments by which it is constituted in such manner as will be sufficient identification thereof.