S19.9 Duplicate Plans
This process is currently under review and any amendments will be published here as soon as they are available.
When a plan cannot be photographed for some reason, Agents may take advantage of Section 48 of the 1924 Act and send in a duplicate plan, particularly where the identification of the subjects is wholly or partly dependent on a reference to the plan. Care should be taken that the statutory provisions are complied with and attention is directed to the following points:
- The duplicate plan must be ingiven along with the writ. It cannot be accepted at a later date.
- It must be docqueted with reference to the writ. No special form of docquet is prescribed, but it should contain such particulars as will identify the writ, for example, "This is a duplicate of the plan attached to the Disposition by AB to CD, dated ..."
- The duplicate plan must be authenticated in the same manner as the principal plan.
- The duplicate plan must in all respects be a facsimile of the principal plan attached to the writ.
- When a duplicate plan is ingiven, an Acknowledgement of receipt is marked on the principal plan, as laid down by Section 48 of the 1924 Act. The receipt stamp is impressed on the principal plan by the examiner who signs the receipt and enters particulars of the writ in the Sasine Duplicate Plans Book before the writ is handed in to the Print Room.
- It is advisable, though not obligatory, for the Agents to refer to the duplicate plan either in the description or in the testing clause of the writ.
- A duplicate plan can refer to one writ only. Where two writs are lodged with identical plans annexed, a single copy of the plan cannot be accepted as relative to both writs.
- It is unnecessary to present a duplicate plan along with a writ which is to be recorded for preservation, as both the writ and the plan are retained in the Register, and Agents should be made aware of this, though duplicate plans ingiven with preservation writs are accepted. Copy plans ingiven with preservation writs for the purpose of being stitched up with the Extracts are not accepted. In any case, where it is doubtful if the plan has been ingiven as a duplicate or as a copy for the Extract, the Agents must be asked for clear instructions.
- DUPLICATE PLAN is minuted after the price on the last line of the minute of any deed which has a duplicate plan submitted along with it.
A Disposition (Banff No.2 of 30 Nov. 1948) was recorded in the Counties of Banff, Aberdeen and Nairn. Four duplicate plans were ingiven with it: 1 plan applicable to the Banff subjects; 2 plans applicable to the Aberdeen subjects; and 1 plan applicable to the Nairn subjects. The 4 plans were referred to in the Minutes of all three Counties thus: in Banff (with 4 DUPLICATE PLANS, 1 applicable to Banff), and similarly in the other two Counties.
Â
Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines 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.
Using this website requires you to accept cookies. More information on cookies.