S19.1 Unacceptable Errors In Deeds

Traditionally, these have been known as "The Five Points":

1. If it is not probative (i.e. in the normal case authenticated by the parties to the deed subscribing before a witness, as per the 1995 Act. See section 6 for full details).
xxNote: Bell's Dictionary states that "Deeds erased in substantialibus are not deemed probative". Any such case should be referred.

2. If it does not contain an identifiable description of heritable property.

3. If the Applicant's section of the Sasine Application Form is incomplete or materially incorrect. The deed should be returned without phoning, unless it is accompanied by another writ, in which case the Agent should be contacted and asked if they want both deeds returned.

4. If it does not contain certain de praesenti words of conveyance.

5. If the requirements of the Land Registration etc. (Scotland) Act 2012 (which introduced Land and Buildings Transaction Tax) are not complied with.

In other cases examiners must view the writ as a whole and use their discretion. The following comments and guidelines may be of use.