S17.10 Re-Recording (under Section 143 of the Title to Land Consolidation (Scotland) Act 1868)

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Nov 10, 2015
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Section 143 of this act allowed deeds to be recorded again if there was an error in their original recording, although a writ wrongly recorded in one county when represented for recording in the correct county was not recorded in terms of s143. The first recording was regarded as inept.

PROCEDURE

In order to show in the Minute Book that registration had taken place of new, the phrase “[recorded in terms of Section 143 of the Titles to Land Consolidation (Scotland) Act 1868]” was inserted in square brackets immediately after the name of the writ in the Minute.

However, section 143 of this Act has been effectively superseded by section 48 of the 2012 Act. As such, it was agreed as part of the 2012 Act project that section 143 Dispositions are no longer re-recordable.

 

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