(section 19(1)). Where the titles to both interests are held by virtue of deeds recorded in the Register of  Sasines, the agreement  should  take  the form  of a deed and  plan,  which can be  recorded in that register. This will bind singular successors and other parties with an interest in the land (e.g.  secured creditors) (section 19(2)). In  the  situation  where  the  adjoining  properties  are  both  registered,  no  deed  is  required.  A  plan showing the agreed boundary line, and bearing a docquet executed by both proprietors referring to the agreement, will enable the Keeper to make the appropriate amendments to the register. A Form 2 application should be submitted for each affected title. Again, singular successors etc. will be bound (section 19(3)). Where  one  interest  is  registered  and  the  other  is  held  on  a  Sasine  title,  a deed  and  plan  should  be presented with appropriate applications in respect of both registers. The following example illustrates when section 19 might provide a remedy: The Keeper has issued a P16 report comparing the boundaries of certain subjects as shown on a deed plan with the ordnance map. The deed plans for the two adjacent properties differ as to the location of one of the boundaries. A site inspection is arranged and confirms that the Ordnance Survey map correctly delineates the occupied extent, this being less than the legal title. However, the deed plan for the adjoining subjects also includes the ground in question. The verbal descriptions in the title deeds for both subjects indicate that they bound each other. The section 19 procedure provides a possible solution. The adjoining proprietors can agree to accept the current occupied extents or they can fix their common boundary at any point within the overlap. As noted, the section 19 procedure applies only when a comparison of the titles  to adjoining lands discloses  a  discrepancy  as  to  the  common  boundary.  It  does  not  apply  when  the  title  boundaries adjoin   but   there   is   a   discrepancy   between   title   and   occupation.   In   that   situation,   remedial conveyancing (e.g. a contract of excambion) would be necessary. Equally, the section 19 procedure should  be  used  only  to  regularise  a  situation  that  has  already  arisen,  not  where  the  adjoining proprietors simply wish to adjust the position. Nor should the procedure be used as the alternative to taking title a non domino. Confusion does sometimes arise as to the circumstances in which a section 19  Agreement  is  appropriate.  Solicitors  who  intend  to  use  the  procedure  in  an  individual  case  are therefore encouraged to seek the advice of the Keeper’s Pre-Registration Enquiries Section. Standard Securities Descriptions in standard securities 6.65 The decision in Bennett v. Beneficial Bank plc³⁰ highlighted the need for property descriptions in standard  securities to comply  with the provisions of  Note 1 to Schedule  2 of  the  Conveyancing and Feudal Reform (Scotland) Act 1970³¹, viz: ‘The security subjects shall be described by means of a particular description or by reference to a description thereof as in Schedule D to the Conveyancing (Scotland) Act 1924 or as in Schedule (G) to the Titles to Land Consolidation (Scotland) Act 1868.’

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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