S19.2 Designations

Generally, the omission of the designation of a party to a deed is an essential error and the deed can be returned on that basis, but some parties do not require to be designed. For example, debtors in a Security who have been released from their loan obligations by a Variation will require to be narrated in the Discharge to identify the original security but omission of their designation would not be a concern.

Please note that if the deed states "John Brown, heritable proprietor of subjects aftermentioned" this is a perfectly acceptable designation.

The Agency will accept a deed where consenters are not designed, but Agents should be phoned about such an omission.

Errors in designations do not normally require a phone call, unless the error means that the person is not properly identified. It is not necessary for designations to link with those in previous titles.

 

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.