Pre-Registration Enquiries Frequently Asked Questions

Registrable Transactions

QA. Which deeds induce First Registration? 

A. See our leaflet 'Which Register?'

QB. I am acting for a client who is separating from his wife and she is transferring to him her half share of the house they own jointly. Does this transaction induce First Registration?

A. A conveyance on marital separation or divorce e.g. a disposition for certain good and onerous causes or a conveyance in exchange for taking over financial obligations under a loan are considered by the Keeper to be for a valuable consideration and therefore induce registration. If the deed transfers only a one half share the Keeper will accept a voluntary registration of the remaining half share at the agents request but registration dues will then be payable on the value of the whole property.

QC. Does a Contact of Excambion where no consideration is passing induce First Registration?

A. Yes. The counter Disposition to each transaction is considered to be a "valuable consideration".

QD. Does a gift of property in the form of a Disposition for love, favour and affection induce First Registration?

A. No.

QE. Does a Deed of Servitude induce First Registration?

A. No. This applies even when it is granted for a consideration. (Land Registration (Scotland) Act 1979 - Section 2(2))