This guidance covers registrable deeds and deeds that are no longer registrable or not on the list.
A deed is registrable ‘only if and in so far as registration is authorised’ by an enactment. You don’t need to refer to any enactments on the application form for such deeds.
List of registrable deeds
Section 49 provides that a deed is registrable only where authorised by an enactment. The Keeper is satisfied that the deeds listed here are registrable from designated day. For these deeds no enactment need be referred to on the application form for registration.
We’re satisfied that every deed on our list meets registrable requirements. However, the list is unlikely to be exhaustive.
Registering a deed that isn't on the list
The Keeper will keep the list of registrable deeds as up to date as possible. However, it is unlikely to be exhaustive. Where an applicant wishes to register a deed not on the list but registrable under an enactment:
(a) published in the Public & General Statutes, the applicant should specify on the application form the Act and section under which the deed is registrable and submit the application;
(b) not published in the Public & General Statutes, the applicant should specify on the application form the Act and section under which the deed is registrable, enclose a copy of the Title page of the statute and of the relevant provisions and submit the application.
In cases (a) and (b) the Keeper will examine the relevant legislation on receipt of the application and, if content, accept the deed onto the application record.
Giving effect to deeds that are no longer registrable
Some deeds and documents previously accepted under the 1979 Act cease to be registrable from designated day.
- death certificates
- Acts and Warrant
- deliverance awarding sequestration
- certificates of confirmation and docket transfers
- letters speaking to events such as the operation of survivorship destinations
Although no longer registrable under the 2012 Act, these may be reflected on the register in other ways:
Notice of title
Section 53 introduces notices of title to the land register and these should be used where completion of title is required, just as used previously in the Register of Sasines. They may proceed on, for example, certificates of confirmation, docket transfers, Act and warrant, and deliverances awarding sequestration.
Rectification of the register
Section 80(2) requires the Keeper to rectify manifest inaccuracies (subject to certain restrictions). Certain deeds and documents which are no longer registrable can be given effect to by rectification. Examples include operation of a survivorship destination (where a death certificate and statement of non-evacuation of the survivorship destination are required), declaratory decrees, and substitution of a deceased guardian (where the death certificate of the deceased guardian and the guardianship order covering the new guardian are required).