S4.13 Reference Descriptions

In subsequent writs the property is usually described by reference to the breakaway writ or another writ containing a full description of the property. In such cases the major area is not minuted even if it appears in the writ.

The law as to reference descriptions in writs is found in Section 61 of the 1874 Act and in Section 8 and Schedule D of the 1924 Act.

Schedule D of the 1924 Act provides for the name of the County (or the Burgh and County, in burgage property), being given in a description of subjects by reference to a prior recorded deed containing a full description. If the name of the County (or the Burgh and County) is omitted, the Agent's attention need be drawn to the omission only if a bare reference description has been used, i.e. "subjects in the County of ... (or Burgh of ... and County of ...) described in ..."

(a) Where the reference is to a writ recorded in the General Register before 1 January 1869 (i.e. without Divisions), minute:
"recorded G.R. ....."

(b) Where the reference is to a writ recorded in a Particular Register, minute:
"recorded P.R. ....."

(c) Where the reference is to a writ recorded in the General Register of Sasines (with Divisions), minute -
"recorded ....."

(d) Where the reference is to a writ recorded in a Burgh Register, minute:
"recorded in ... B.R. ....."

(e) Where the reference is to a writ recorded in both a Burgh Register and the General Register of Sasines, minute:
"recorded in ... B.R. ..... and in this Register ... " (NOTE: The reference to a Burgh Register often reads "recorded in the Particular Register for the Burgh of X" and due care must be exercised in minuting.)

(f) Where the references are to writs, one or more of which is recorded in the General Register of Sasines and one or more of which is recorded in a Burgh Register, the words "in this Register" are minuted only in the case of a reference to a writ which is recorded in both Registers.

(g) Where the grantee in a reference description is a local authority, the name should be minuted as briefly as possible, e.g. Ayr County Council, Glasgow Corporation, Magistrates &c. of Falkland.

Tips

A correct reference description should always be minuted, whether statutory or non-statutory.

A statutory reference appears in the writ as “described in and disponed by”

A non-statutory reference appears in the writ as “delineated pink on plan annexed to ……”

Both statutory and non-statutory – references are minuted as “referred to in …..”

Exceptions

Exceptions to the above rules include:

(a) subjects which are described as being excepted from a Disp., these will continue as"subjects excepted in Disp. recorded ……”
(b) subjects which can only be identified by reference to a colour on a plan. These should be minuted “ground, pink on plan referred to in Disp ……”.

If the reference description in a writ is incorrect it will not be used, nor will the incorrect reference be shown with the correct details “squared in”.