S17.19 Evacuation of Survivorship Destination

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Mar 02, 2015
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If a title is held "equally and survivor" there are a number of ways that this can be altered. The normal method would be to record a Disposition by both parties in favour of themselves "equally".

BER 00267 (No.1) 23 May 2006
DISP. by PETER GALLAGHER and SHEENA LOGAN GALLAGHER, formerly Janitors House, Berwickshire High School, Duns, now Trinity Garden, Bridgend, Duns - TO said PETER GALLAGHER and SHEENA LOGAN GALLAGHER, equally, - over ground, with house TRINITY GARDEN, DUNS, referred to in Feu Ch. to Bernard Stanley Buss, recorded 10 Nov. 1972. Dated 19 May 2006.
- to revoke destination.

The narrative clause of the Disposition would normally clarify that the special destination was being revoked or evacuated.

If the title is being transferred into one of the Granters' names only then it is better to have a Disposition by A and B to A rather than a Disposition by A to B of A's 1/2 pro indiviso share. In this latter case, technically the survivorship destination would still exist in respect of B and if they died their half-share would revert back to A, which may not be the intent. This should always be discussed with the Agent to clarify the situation, and ultimately it would be their decision to have the deed recorded as it stood. (This is because it could be that the destination has created a contractual arrangement between the parties.) 

There is also a question as to whether the destination can be "evacuated" and it may be necessary for the operative word "renounce" or "revoke" to be used. Certainly this would be expected in the Land Register and again it should be discussed with the presenting Agent. In the past we have referred agents to pp. 77-78 of Conveyancing 2005 (Avizandum) by Gretton and Reid, where they suggest a style wording for Dispositions, which is equally useful for renunciation.

Examples on record:

AYR 04768 (No.6) 09 Aug. 2005
DEED OF EVACUATION OF SPECIAL DESTINATION by ALISTAIR IAN MELDRUM and MARGARET ANNE MELDRUM, spouses, 83 Deveron Road, Barassie, Troon, Proprietors of subjects 83 DEVERON ROAD, BARASSIE, TROON, referred to in Feu Disp. to Alistair Ian Meldrum and another, recorded 3 Oct. 1979 - EVACUATING special destination contained in said Feu Disposition. Dated 22 Jul. 2005.

PTH 00213 (No.23) 22 Jan. 2008
DEED OF EVACUATION by COLIN CHARLES ROBERTSON MITCHELL and WENDY ANN LILIAN MITCHELL, both formerly Woodlands, Glasgow Road, Perth, now Southwood, Palace Road, Blairgowrie - WHEREBY said granters revoke the survivorship destination contained in Disp. to said granters, recorded 3 Oct. 1994 - over subjects SOUTHWOOD, PALACE ROAD, BLAIRGOWRIE, being 0.8708 hectare, referred to in Disp. to Hamish Garry Reid Stevenson and another, recorded 28 May 1985. Dated 24 Sep. 2007.

ABN 04535 (No.12) 1 Mar. 1996
DEED OF REVOCATION by ELIZABETH SIMPSON, 4 Ardeer Place, Fraserburgh, with consent of her husband WILLIAM ALEXANDER MCLEMAN SIMPSON, Fraserburgh - REVOKING survivorship destination in favour of said consentor, contained in Disp. to said Granter and Consentor, recorded 4 Sep. 1987, - of subjects 4 ARDEER PLACE, FRASERBURGH. Dated 28 Feb. 1996.

ABN 04038 (No.1) 02 Oct. 2007
REVOCATION OF SURVIVORSHIP DESTINATION by ROBERT ALEXANDER MOIR and ISOBEL NAPIER MOIR, spouses, 33 Blackhouse Terrace, Peterhead, Proprietors of house 33 BLACKHOUSE TERRACE, PETERHEAD, referred to in Feu Ch. to Garden Thomas West, recorded 22 Feb. 1921.
- RENOUNCING survivorship destination in said Feu Ch. Dated 10 Sep. 2007.

 

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