• Re-recording of the deed under section 143 of the Titles to Land (Consolidation) (Scotland) Act 1868²⁴. • Obtaining a corrective deed. • Application  to  the  court  under  section  8  and  9  of  the  Law  Reform  (Miscellaneous  Provisions) (Scotland) Act 1985²⁵ for rectification of the deed where it fails to accurately express the common intention of the parties. • Should the applicant choose to take no action, and, notwithstanding the defect, the application for registration is acceptable to the Keeper, indemnity will likely be excluded as regards said defect. Which of the above options will be appropriate will depend on the particular circumstances relating to each individual defective deed. Where the defect does not wholly invalidate the deed, the Keeper will give due consideration to points 2 and 3 above in determining whether to ignore the defect. As each defective deed will be considered individually, it is inappropriate to provide examples of defects in title which the Keeper may be willing to overlook. Defects in clause of deduction of title 5.75 Sections 3(6) and 15(3) render notices of title and deductions of title unnecessary in relation to a registered interest, provided sufficient links in title are produced to the Keeper. These sections do not,  however,  apply  to  a  transaction  leading  to  a  first  registration.  Nevertheless,  provided  that satisfactory links between the uninfeft proprietor and the person last infeft are submitted along with the application for registration, the Keeper will not insist on a notice of title or a clause of deduction of title being inserted in the conveyance. Similarly, if there is a defective clause of deduction of title in the prescriptive chain, the Keeper will not insist on a corrective deed if satisfactory links in title are submitted with the application for first registration. Defectively stamped deed 5.76 In terms of section 14 of the Stamp Act 1891²⁶ a deed cannot be used for any purpose unless it is duly stamped. A deed which has not been duly stamped cannot therefore be accepted by the Keeper in support of an application for registration. Defects in completion of application forms 5.77 In terms of rule 9 every application for registration of an interest in land must be made on the appropriate application form: • First registration - Form 1 • Dealing (other than a transfer of part) - Form 2 • Transfer of part - Form 3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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