S10.1 Background

Further to the implementation of the Land Registration etc. (Scotland) Act 2012, it is no longer competent to record dispositions in the Sasine register, unless for dual/ joint registration purposes. As such, it will be rare for a non domino deeds to be considered in Sasines. However, the information in this section is being retained and any possible a non domino deeds should be referred to the sasine RO1 referral officer.

The relevant legislation regarding Dispositions 'a non domino' is the Prescription and Limitation (Scotland) Act 1973.

Sasine drafters should be aware that Sasine Practice Memo 01 dated 6 May 2009, in which it is stated that all Dispositions a non domino should be initially referred to Legal Services, no longer has effect.

‘A non domino’ means ‘from one who is not the owner’. It can be difficult to spot an 'a non domino' as they often appear to be normal Dispositions. This is due to there being some ambiguity over the fact that any evidence on the face of the deed that it is 'a non domino' automatically makes it invalid. The main clue will be that it is normally granted by someone who is not infeft and there will be no deduction of title. Also, there may be an exception from warrandice or simple warrandice granted only. This means that the seller cannot guarantee title over the subjects indicating that there is some doubt as to their actual ownership.

This section includes Dispositions that are part 'a non domino'.