S8.4 Notices of Title

The Notice of Title was introduced by the 1924 Act and has largely superseded the Notarial Instrument.

A person having right to land or to a heritable security by a title which has not been completed by being recorded in the Register of Sasines may complete his title by recording a Notice of Title in which his title is deduced from the party last infeft (see Section 4(1) and (3) and Forms 1 and 3 of Schedule B of the 1924 Act). The last recorded title to the subjects (or the security), along with the midcouples or links in title by which the person now in right has acquired right, is presented to the notary public or law agent, who draws up a Notice of Title. A Notice of Title bears no date: the date of recording in the Register of Sasines is the date of the writ. It should be noted that, since the widening of the meaning of the term "law agent" by the Solicitors (Scotland) Act 1933, a Notice of Title may be expede by a solicitor as well as by a notary public or a law agent.

The normal form of minute for a Notice of Title is:

NOTICE OF TITLE - Of AB (design), - to subjects [or Standard Security &c.] ...; which subjects [or Standard Security &c.] were (was) last vested in ..., from whom said AB acquired right by ...

Where a Notice of Title proceeds on Minutes of Resignation and various Deeds of Assumption, it is unnecessary to detail them all in the Minute. It is sufficient to minute:

NOTICE OF TITLE - Of Trustees of AB (design), - to subjects [or Standard Security &c.] ...; which subjects [or Standard Security &c.] were (was) last vested in Trustees of said AB, from whom said first-mentioned Trustees acquired right by Minutes of Resig. and Deeds of Assump. and Convey. (or as the case may be).