S11.4 Undertakings
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The Granter of a Standard Security is almost always the person infeft in the property. It is also usually that person who makes the personal undertaking to pay the creditor the sums due. Others who are not infeft in the property may be involved in the personal undertaking and if this is the case it must be reflected in the minute.
A typical style of a minute for a Standard Security containing an undertaking is:
(No. 36) 8 Aug. 2003
STANDARD SECURITY for £18,000 &c. by ?pJOHN ROBERT ?nSTUART?z, 48 Lawson Street, Ayr (containing undertaking) – TO ?p?nALLIANCE AND LEICESTER PLC?z, - over ground, with house ?q33?nWILLIAM STREET?z, LARGS, referred to in Disp. to George Arthur Jones and another, recorded 26 May 1947. Dated 3 Aug. 2003.
It could also happen that two or more persons grant the Standard Security but only one makes the personal undertaking to pay the creditor the sums due. This would also be reflected in the minute by the phrase “containing undertaking”.
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.
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