S3.1 Designations

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Feb 02, 2015
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"In every deed the parties to it, the granter and the grantee, must not only be mentioned by their names, but designed by proper additions; not barely as a solemnity, but because no deed can have effect unless the parties be so described in it as to be distinguished from all others” – Erskines Institutes.

 

In order to maintain a link between the names of parties, we must rely on the information supplied in the deed. We cannot import information into the minute that is not contained in the deed. It follows therefore that on occasion we may lose a link if the continuity of names is not maintained. In these instances we would link if possible with the designations.

Table of Contents

Example One

Minute of Granter’s title:
“. . . TO PETER DONALDSON, 62 Edinburgh Road, Linlithgow”.

Granter in present writ:
“. . .I, PETER ALBERT DONALDSON (otherwise Peter Donaldson), sometime 62 Edinburgh Road, Linlithgow now 42 Cairns Road, Livingston”.

In the above case, a fuller version of Peter’s name is given along with the previous version; his previous and his present address are also shown. A good link is therefore established between the deed and Peter’s title. It is obvious that in this case Peter Donaldson and Peter Albert Donaldson are one and the same, so it is only necessary to minute the fuller version of his name along with both his prior and present address, i.e.:

“. . .by PETER ALBERT DONALDSON, sometime 62 Edinburgh Road, Linlithgow, now 42 Cairns Road, Livingston - TO . . ."

Example Two

Minute of Granter's title:
“….I, ALAN PETERSON, 143 Halstead Road, Livingston".

Granter in present writ:
“….I, Alan Peterson, 19 South Road, Livingston".

In this situation, Alan’s previous address is not stated in the deed. It should be evident from the subjects in the deed that they are the same person as Alan can only dispone what he owns. We would minute only what is contained in the deed i.e. Alan’s name and present address:

“by ALAN PETERSON, 19 South Road, Livingston - TO….”

Example Three

Minute of Granter's title:
“…..To PETER HEWTON, 45 Cousland Road, Edinburgh”.

Granter in present writ:
“…..I, Peter James Hewton, 125A Perry Avenue, Bathgate”.

There is no direct link between Peter and Peter James in this case. We would have to rely on a tie-up between the subjects in the deed and the subjects in the granter’s title.
Again we can only minute what is contained in the deed i.e.:

“…..by PETER JAMES HEWTON, 125A Perry Avenue, Bathgate - TO…..”

If the Applicant is not designed in the deed, they should be designed in the Applicants' section of the Sasine Application Form and their designation can be taken from there and minuted as follows:

"Dated 12 Aug. 2010; with Application on behalf of said John Arthur Smith, 12 Pertwee Street, Bakertown."

We cannot do the same with the Granter's designation as there is no statutory provision for this.

 

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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