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Lost Discharges

Registers of Scotland has recently received a number of enquiries about the situation where a standard security is redeemed at the time that part of the secured land is sold. If a discharge of the security is obtained, it is preferable if that discharge is registered and/or recorded in respect of the whole land to which it relates. This will reduce the risk of a problem arising at a later stage if by that time the discharge cannot be found. While a copy of the deed may be obtained from the Keeper, that copy may be of limited usefulness; for instance, a copy deed cannot be recorded in the Sasine Register.

The problem typically arises where the secured land is held on a title recorded in the Sasine Register, and part of the land is being sold. The sale will induce first registration of that part in the Land Register. If the discharge is simply presented for registration in the Land Register with the application for first registration, then the Keeper will omit the security from the title sheet for the part of the land which is being registered. However, the discharge will not be given effect against the remainder of the property unless it is also presented for recording in the Sasine Register, along with a Sasine application form and the usual £30 registration fee. If the discharge is available prior to the submission of the purchaser’s application, then a single application to record the discharge in the Sasine Register will suffice, provided that recording takes place prior to the date on which the Keeper receives the purchaser’s application for first registration.