S3.1.6 Consents

People may consent to a transaction for a number of reasons. A consentor should be named and designed and should sign the deed.

It will usually say in the deed why someone is consenting. Some examples are listed below.

a) When a Creditor is Consenting
Instead of recording a Deed of Restriction or a Deed of Disburdenment, a creditor can disburden subjects from a Standard Security by way of a consent in the Disposition itself, 

e.g. “with consent of Halifax PLC (to disburdenment of Standard Security, recorded ……….)”

b) When a beneficiary under a Will is consenting
If someone is left property in a will, they may not wish to keep the property or record a title to it. If this is the case, the Disposition will usually be granted by the Executor of the person who had the last recorded title and the beneficiary should consent.

e.g. “with consent of beneficiary(ies)” or “with consent of and by beneficiary(ies)”

c) When a person owns a property, but wishes to sell that property before they record a title. 

They cannot actually grant the Disposition, so the person who had the last recorded title will grant the deed and the owner of the property (who never recorded their title) will consent to the deed being granted. (SUB SALE)

e.g. with consent of JOHN SMITH, 1 Smith Street, Edinburgh

d) When a non entitled spouse is consenting under the Matrimonial Homes (Family Protection) (Scotland) Act 1981.

When a single person buys a property and later marries, the spouse has certain rights under the above Act and will consent to further transactions relating to that property.

e.g. “with a consent”

e) When a Landlord consents to their tenant granting an Assignation of a Lease or a Standard Security over a Lease

e.g. “with a consent”

Usually the consentor will need to be named and coded in the Minute. The most common exceptions to this are shown below. The wording used in the Minute will depend on the wording given in the writ. e.g..

1) In deed

I, Robert Wilson (designed), at request of Stuart Hill (designed), do hereby dispone to David Wallace (designed), ALL and WHOLE ……..

In Minute

DISP. by ROBERT WILSON (designed), at request of STUART HILL (designed) – TO DAVID WALLACE (designed), - of ……

2) In deed

I, Robert Wilson (designed), with consent of Stuart Hill (designed), do hereby dispone to David Wallace (designed), - ALL and WHOLE …….

In Minute

DISP. by ROBERT WILSON (designed), with consent of STUART HILL (designed) – TO DAVID WALLACE (designed), - of ………..

3) In deed

I, Robert Wilson (designed), at request and with consent of Stuart Hill (designed), do hereby dispone to David Wallace (designed), ALL and WHOLE …….

In Minute

DISP. by ROBERT WILSON (designed), with consent of STUART HILL (designed) – TO DAVID WALLACE (designed), - of …..

4) In deed

I, Robert Wilson (designed), at request of Stuart Hill (designed) and we both do hereby dispone to David Wallace (designed), ALL and WHOLE ….

In Minute

DISP. by ROBERT WILSON (designed), at request of and by STUART HILL (designed), - of ……..

5) In deed

I, Robert Wallace (designed), with consent of Stuart Hill (designed), and we both do hereby dispone to David Wallace (designed), ALL and WHOLE ….

In Minute

DISP. by ROBERT WILSON (designed), with consent of and by STUART HILL (designed) – TO DAVID WALLACE (designed), - of ……

N.B.

(a) “with consent and concurrence” often appears in the writ – ignore “and concurrence”.

(b) “with joint consent and assent” often appears after “and we both” in examples (4) and (5) above. This has no effect whatsoever on the Minute and should be ignored.

The most common exceptions are:

a) For a consent under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 – Minute “with a consent”.

b) For the consent of a Landlord to an Assignation of a Lease, or a Standard Security over a Lease – Minute “with a consent”.

c) For the consent of a Beneficiary – Minute “with consent of beneficiary(ies)”.

Subscription by non-granter

If a party to a deed signs when they don't really have to, such as a debtor in an Assignation of a Standard Security, then minute "who also subscribes" after their designation.