General

It is a condition of registration that a registrable deed must be valid. This is in terms of section 25 for certain deeds relating to unregistered plots (including leases and assignations of lease) and section 26 for deeds relating to registered plots.

An assignation of lease is registrable by virtue of section 3 of the Registration of Leases (Scotland) Act 1857, as amended by the 2012 Act. An assignation of lease transfers the right of the existing tenant to new tenant.

Where the plot is registered but the lease is unregistered, the assignation will be registrable against the plot title sheet. In terms of section 48(1)(c) the recording of an assignation of lease in the Register of Sasines will have no effect and from the designated day all rights in land stem from the plot. Therefore any lease that was previously recorded in the Register of Sasines must be treated as being part of the land register if the plot of land is registered. This means that any transaction affecting the lease becomes registrable against the plot title number. The plot title number should either be quoted in the deed inducing registration or narrated on the application form, failure to do this will result in rejection.

In relation to assignations of unregistered leases or of part of a registered plot, the settling process is identical to the guidelines for Leases however the Lease and any other deeds which vary the terms or conditions of that lease must be incorporated by reference into the title sheet. The settler must also ensure all deeds incorporated in the title sheet by reference to the archive record are added to the Archive record.

An assignation of lease should be in, or otherwise closely resemble, the form provided by either of Schedules ZA and A of the 1857 Act (depending upon whether the plot of land affected by the lease is registered or not or whether the lease has a lease title sheet). If an assignation of lease was substantially different, the assignation may not be valid, as it did not conform or closely conform to the statutory style.

An assignation of lease should be executed to meet the requirements for self-evidencing status.

Useful links

Renunciation of Lease - Example Deeds

Leases

Statutory style: Sch ZA - Lease has a lease title sheet or plot of land is registered. Assignation submitted as DW affecting whole or part of registered plot of land

Statutory style: Sch A - Lease recorded and plot of land is not registered. Assignation submitted as APR application

I, A.B., [designation] in consideration of the sum of now paid to me, [or otherwise, as the case may be,] assign to C.D. [designation] a lease, dated , and recorded in the Register of Sasines at , of date , granted by E.F. [designation] in my favour [or if not in assigner’s favour, name and design granted], of [shortly mention subjects] in the parish of and county of . . . F1 [but (where the lease is assigned in part only) in so far only as regards the following portion of the subjects leased; viz. (specify particularly the portion),] with entry as at (term of entry). And [where sub-lease] I assign the rents from [term]; and I grant warrandice; and I bind myself to free and relieve the said C.D. of all rents and burdens due to the landlord or others at and prior to the term of entry in respect of said lease; and I consent to registration for preservation and execution.

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