S18.19.5 Notice of Title and Links in Title

Question: What certificate is appropriate in connection with a Notice of Title?

Answer: A certificate will be required for a Notice of Title. Normally, Notices of Title are submitted only to the Register of Sasines, although they may occasionally be encountered in the Land Register, for example where title is being completed following upon a compulsory purchase order. This is an exception to the general rule in section 3(6) of the 1979 Act.

In recording notices of title in the Register of Sasines, the type of certificate which should accompany it will depend on whether the links in title specified in the Notice of Title were land transactions that required notification to the Revenue. Occasionally a Notice of Title will be submitted to the Land Register following on a Compulsory Purchase Order. If there is valuable (and thus chargeable) consideration in respect of the compulsory purchase in the form of compensation, the Keeper would expect a Revenue certificate to accompany the Notice of Title. If there is no valuable consideration a Self-certificate would be appropriate. It is for the purchaser to determine which certificate is appropriate. The Keeper will accept either type of certificate without further enquiry. 

It is not uncommon for links in title to be submitted for registration in the Land Register as a dealing, for example where the link in title is a docquet transfer. Where the link is being submitted in order that the title sheet may be updated in reliance thereon the Keeper will require a certificate of compliance in respect of the link in title. The type of certificate will depend on whether any consideration is passing. In most cases no consideration will be passing. For instance if the transferee named in a docquet should complete title, a self-certificate will be required. The same is true for a Trustee in Sequestration taking title under an Act and Warrant. Unless it is clear from the face of the links in title that consideration is passing, the Keeper will accept a Self-certificate without further enquiry. If it is clear that there is an element of consideration passing the appropriate certificate is a Revenue certificate.

Note: Where the links in title are being submitted in support of an actual conveyance no certificate is required in respect of the links in title. Rather a certificate will be required in respect of the actual conveyance. For example, if the beneficiary/beneficiaries do not seek to update the title sheet but utilise the docquet purely as a link in title (along with the confirmation of executors) in conveying the property, the Keeper will expect a Revenue Certificate for the sale transaction when it is registered, and will not require any certificate for the link in title.