S19.4 Descriptions

A distinction must be drawn between a writ which repeats the description of an existing property and a writ which contains the description of a new property. As the latter is a foundation writ it is particularly desirable that the description should be correct. If, for instance, there are any material discrepancies between the description in the writ and the measurements shown on the plan, the Agents should be contacted.

If the writ of an existing property, which includes a common law description that has appeared in the last title, contains an error such as a wrong boundary, the mistake should not be phoned about. However, in the case where the reference is incorrect but there is a satisfactory postal address, then still phone the Agent as a courtesy and record with a note if need be. The wrong boundary or reference should not be minuted. Small inaccuracies such as a wrong spelling in the grantee's name in a reference can safely be ignored. (The granter's name can often be used instead in the Minute in those circumstances). 

While the inclusion of the name of the geographical County (or, in burgage writs, the Burgh and County) is, strictly speaking, a statutory requirement, its omission need not be taken up with the Agent unless a bare reference description has been used i.e. "subjects in the County of ..... (or Burgh of ..... and County of .....) described in .....

Likewise no action should be taken if the Division of the Register has been omitted from a reference description, providing that the description contains the geographical county. (This does not apply if the subjects lie in the geographical counties of Lanark, Renfrew or Dumbarton, since parts of Lanark, Renfrew and Dumbarton comprise the Barony and Regality of Glasgow).

It must be borne in mind that in many cases a reference description is used in conjunction with a common law description of the property, and this latter description can often be regarded as sufficient to identify and convey the property.

Where a deed contains no description (as in a Discharge of a Standard Security) but has a reference to a recorded deed, the details of the reference should be substantially correct to allow of unmistakeable identification of the deed, and in particular the Division of the Register must be included in the reference.

It is the practice to accept an "even date" reference although the Division of the Register of Sasines in which the writ is being recorded has been omitted.

Where there is an omission to mention the Division of the Register in a reference in the burdens clause no action need be taken unless the writ is a foundation one.