Chancery and Judicial Registers - Register Information

Register of Deeds and Probative Writs in the Books of Council and Session

This register's origins lie in the mid-1500s, when clerks of court started to record certain court documents for the purposes of good administration. Since that time, practice has developed and been placed on a statutory footing, with the register now containing original, traditional documents; most commonly wills, leases and minutes of agreement.

Deeds can be registered for preservation in this register. This means that the original is retained and an extract issued in its place. Deeds can also be registered for preservation and execution, in which case the extract will contain a warrant that grants authority for all lawful execution.

See Register of Deeds and Probative Writs in the Books of Council and Session.

Register of Inhibitions and Adjudications

The purpose of this register is to publicise the names of parties unable to grant good title to land. It includes documents relating to inhibitions, sequestrations and corporate insolvency. A search in this register is part of standard conveyancing procedures, and ensures that the granter of a deed is able to validly enter into the transaction in question.

See Register of Inhibitions.

Register of Judgments

This register contains documents from other legal jurisdictions that have been registered in Scotland in order to be enforced in this country. The Keeper will also issue documents that permit Scottish judgments to be enforced elsewhere.

See Register of Judgments.

Register of Community Interest in Land (Agricultural Tenants)

This part of the register is governed by the Agricultural Holdings (Scotland) Act 2003. This allows agricultural tenants to register a notice of interest over the agricultural land they lease so that they can buy it if it becomes available for sale.

Register of the Great Seal

The Treaty of the Union directed the Great Seal of the United Kingdom to be used in public matters, but for the authentication of Crown Writs relating to lands or offices in Scotland, it made provision for a new “seal to be kept and used in Scotland in place of the Great seal formerly used there.” The Seal is adhibited to Letters Patent, Commissions issued to Queens Counsel, the Lord Advocate, the Lord High Commissioner of the General Assembly of the Church of Scotland and other Royal appointments.

Register of the Quarter Seal

This Register is now used only to record gifts of heritable property which fall to the Sovereign as ultimus haeres or bona vacantia (respectively, as ultimate heir or as the party entitled to ownerless goods). Where the Sovereign subsequently decides to dispose of such property, the Cachet Seal is adhibited to the Royal Warrant to authorise this.

Register of Service of Heirs

Service of heirs is a process whereby an heir proves that he is the heir-at-law of an ancestor according to the law of intestate heritable succession, or that he is the heir-of-provision of an ancestor by virtue of destination in a deed. The service may be (1) General Service proving that a person is the heir of an ancestor without any reference to any particular subjects, or (2) a Special Service proving he is the heir of an ancestor in particular subjects in which the ancestor last died vest and seized.

The Succession (Scotland) Act 1964 abolished procedure by service. However, it is still competent to obtain service as heir to an ancestor who died before 10 September 1965.

Register of Protests

When a debtor grants a Bill of Exchange or a Promissory Note and fails to make a payment on the due date, a deed narrating the facts is prepared by a Notary Public and registered. The deed is called a Protest. The name is self-explanatory: the document is a formal means of protesting the non-payment of a debt. An extract of the protest is issued, and the creditor can use that to enforce payment of the debt. Registration in this register is now extremely rare.

See Register of Protests.

Register of Sheriffs’ Commissions

This register contains commissions by the Crown appointing Sheriffs-Principal of Scotland. The register commenced in 1748 immediately after the passing of an Act that established the office of Sheriffs-Depute.

See Register of Sheriffs' Commissions.

Register of Entails

The Register of Entails was established in the 17th century. An entail (or tailzie in Scots) was a means by which successors in title to land was predetermined in perpetuity, and there was a requirement for these documents to be registered. While there are thought to be a number of entailed estates remaining in Scotland, the register was closed on 28th November 2004.

Register of Crown Grants

This register contains deeds such as conveyances, leases, agreements or renunciations relating to Crown property in Scotland which were granted by or to certain Government departments. The principal subjects included were rights of salmon fishing, foreshore, and Crown feu-duties. Since 31 August 1974 it has been incompetent to record such writs in this register.

Register of the Prince’s Seal

This seal was used to authenticate deeds granted by the Prince of Scotland, a title held by the heir apparent to the UK throne. The current title holder is HRH Prince Charles of Wales, who holds residual Crown Lands in Scotland in lieu of the Sovereign. These lie in Ayrshire and Renfrew.

Register of the Cachet Seal

The Cachet Seal is a facsimile of the Queen’s signature and is used for the admission of Notaries Public, whose names are recorded in this register.

Register of Hornings

This register was used for the recording of Letters of Horning, which were obtained from the Court and formed the authority for publicly denouncing a debtor as an outlaw. The main purpose of Horning was to secure imprisonment of the debtor in the case of (i) his non‑payment of the debt, or (ii) his non‑performance in actions ad factum praestandum (i.e. for the performance of an act). Letters of Horning have now been abolished, effectively ending the use of this register.