S19.10 General

Extensive use of correction fluid in a deed, particularly in vital areas, is not acceptable. The same applies to a deed with clauses or parts of execution on adhesive paper.

If a writ contains a serious error, such as the omission of a deduction of title and the Agents do not wish to amend the writ, an appropriate note should be added to the Computerised Search Sheet. 

If a writ contains no date of execution, the Agents should not be phoned unless the date of entry has also been omitted or is incomplete or is given as "at the date hereof". The omission of the date of execution should be noted on the Search Sheet.

Deduction of Title: While Schedule A, Form No.1 of the 1924 Act provides that the person last infeft should be designed and that the title of his infeftment should be narrated, the Agent should not be phoned if either of those requirements has been omitted; they should be phoned if both are missing.

Where a faulty writ would have been returned for amendment without a phone call and this writ has another writ dependent upon it, the Agents must be contacted.

An error which by itself would not be phoned about can, of course, be mentioned when phoning about another point. If there are a number of minor errors in a deed the Agent may be phoned.

It is important to endeavour to obtain a decision or otherwise on the occasion of the first phone call. It should be kept in mind and, if necessary, made clear to the Agent, that delay in withdrawal holds up the registration of all following writs. Only in exceptional circumstances can a decision be delayed, and any excessive case of delay should be referred to the Sasine RO1 referral officer.

When a writ is re-presented after being returned, the examiner should re-draft the writ in the normal way, only checking the error for which the writ was returned, unless the writ or page has been re-engrossed. However, if an obvious error is spotted that was previously missed, then this should be dealt with in the normal way. 

Occasionally, requests are made for copies of deeds that are in the process of registration. These can only be complied with if they are from the presenting Agent or include written permission from the presenting Agent. Once the deed has been officially recorded and given its own Yearly Running Number, requests for copies can be made in the normal way through Customer Services.

 

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.
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