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S19.2 Designations

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.

 

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