S8.5 Notices of Title over Standard Securities

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Feb 03, 2015

The requirements for the Notice of Title procedure for unrecorded standard securities and a docquet on the standard security derive from Section 4(4) of the Conveyancing (Scotland) Act 1924. The form of the docquet is found at Note 7 to Schedule B of the same Act (“Docqueted with reference to notice of title in favour of AB recorded of even date herewith”). The docquet replaced the need for the warrant on that deed and therefore it would appear that the security does not in fact require an application form. The application form should refer to both the Notice of Title and the standard security - if the agent uses eforms the system only allows them to put in one deed type so they may have to add the second deed in pen.

The Standard security is recorded first and is minuted as:
STANDARD SECURITY by AB (design) - TO CD, - over subjects. Dated ...; docquetted with reference to Notice of Title of EF in the immediately succeeding minute.

The normal style of minute for the Notice of Title is:
NOTICE OF TITLE - Of EF, - to Standard Security [recorded ...] in the immediately preceding Minute, - over [subjects]; which Standard Security was last vested in CD; with application of said Notice of Title and said Standard Security on behalf of said EF.

RECORDED EXAMPLES:

WLN 01426 (No.2) 15 Oct. 2007                                                      
STANDARD SECURITY by HELEN THOMSON YOUNG, 86 Bells Burn Avenue, Linlithgow - TO HALIFAX PLC, - over house 86 BELLSBURN AVENUE, LINLITHGOW, referred to in Title to Helen Thomson Young, recorded 14 Nov. 1988. Dated 11 Sep. 2007; docquetted with reference to Notice of Title of BANK OF SCOTLAND PLC in the immediately succeeding minute.

WLN 01427 (No.3) 15 Oct. 2007                                                      
NOTICE OF TITLE - Of BANK OF SCOTLAND PLC, - to Standard Security in the immediately preceding minute, - over the subjects in the immediately preceding Minute; which Standard Security was last vested in HALIFAX PLC; with application of said Notice of Title and said Standard Security on behalf of said Bank of Scotland plc.

 

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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