S6.5 Schedules and annexations in general (Post 1995)

Provision is made in section 8 of the 1995 Act for authentication of schedules, plans and other annexations. The provisions apply equally to attested documents and documents which are merely subscribed by the granter. An important distinction is made between (1) ‘ordinary’ annexations and (2) plans and other forms of description attached to documents relating to land.

Ordinary annexations

The basic rule for schedules, inventories and other annexations applies whether or not a document relates to land. It is that an annexation to a document is to be regarded as incorporated in the document if it is:

• referred to in the document; and

• identified on its face as being the annexation referred to in the document.

Specifically, the annexation does not have to be signed or subscribed. The basic rule means that the deed itself must refer to and incorporate, for example, the schedule etc. with words such as ‘the schedule annexed as relative hereto’. In addition, the schedule itself must be ‘identified on its face as being the annexation referred to in the document’. In other words there is cross-referencing.

Whether an annexation is regulated by section 8(1) or 8(2), terms such as ‘Schedule’ or ‘Schedule referred to in the foregoing Standard Security’ are insufficient to identify the annexation as the annexation referred to in the document. Subject to the following paragraphs, any deed which relies solely on these terms to identify the annexation should be rejected when submitted for recording in the Sasine Register or returned for amendment when submitted in the Land Register.

There are various ways of ensuring that the annexation is adequately identified on its face but the obvious and safest way will be the traditional form of docket identifying the names of the parties to the deed, e.g. ‘This is the schedule referred to in the foregoing Standard Security by A in favour of B dated……’. Dockets may however take various forms, and the single essential is that they identify the particular annexation as the annexation referred to in the particular deed. If a docket is inadequate in its terms there may nevertheless be sufficient identification on the face of the annexation if the information in the docket is supplemented by other facts on the face of the annexation such as an address.
In the absence of a docket, the Keeper will accept that an annexation has been sufficiently identified, if there is some other form of identification which is not contradicted in any way. Examples of acceptable identification are:

• annexation on same sheet of paper as the document (as with certain standard securities in favour of the Bank of Scotland)

• postal address or other description in the document replicated in a plan or a description in an annexation.

Hence a plan may be identified on its face as a plan of the property described in the document because, for example, the street name and individual house number are shown. Here the plan must still be signed as per section 8(2)(c)(i) but the want of a docket is made good by the identification in the plan. (This does not alter the fact that the plan requires to be signed).

The Schedule need not be physically attached to the deed and it need not be signed. If, however, the deed itself refers to a signed schedule, e.g. ‘the Schedule annexed and signed as relative hereto’ the schedule must be signed. Failure to sign in that situation could mean that the schedule has not been properly identified within the terms of the Act.

Plans and other descriptive schedules annexed to documents relating to land

The rules referred to previously also apply to plans and any annexation which describes land. In addition, the plan or descriptive annexation requires to be signed by the granter.

In the case of a plan, drawing, photograph or other representation of the subjects every page requires to be signed. In other instances where the annexation is an inventory, appendix, schedule or other writing that describes or shows all or any part of the land to which the document relates it is only the last page that has to be signed.

In cases where the annexation consists partly of pages of text and partly of plans, drawings, photographs or other representations of the subjects it is sufficient if it is signed on the last page and the pages which consist of or contain the plans, drawings etc. The signature on the last page will cover the pages of text. 

Since it is signing and not subscription which is required, the granter or granters can sign anywhere on the plan or page. If there are numerous granters and there is insufficient space to sign, the same rules apply to signing on an extra page as apply to writings in general. For the avoidance of doubt, the signing need not be witnessed.