For a common law description in a standard security over a ground or upper floor flat to be acceptable to the Keeper, the description must make reference to fixed and unchanging compass directions (for example,  ‘northmost’).  Such  usage  is  well  established  in  conveyancing  practice.  By  contrast,  flats described by reference to general and changing directions such as ‘left’ and ‘right’ will be unacceptable, as  they  are  based  on  the  subjective  viewpoint  of  a  person  climbing  the  tenement  stairs.  Such references are potentially misleading, since a flat which is on the right side when seen from the street may be on the left side when seen from the stairs. Examples of what is/is not acceptable to the Keeper are given below. Acceptable descriptions • The northmost west facing second floor flat 1 Registers Terrace, Anytown. • The northmost of two second floor flats 1 Registers Terrace, Anytown. • The northmost second floor flat 1 Registers Terrace, Anytown. Unacceptable descriptions • Top flat right 1 Registers Terrace, Anytown. • TFR 1 Registers Terrace or 3FR 1 Registers Terrace, Anytown. • 3F2 1 Registers Terrace, Anytown. • Flat 4/1 Registers Terrace, Anytown. If the description of a tenement flat in a standard security does not comply with the requirements stipulated in this paragraph, the standard security will not be accepted for registration/recording. Existing registered property 6.68 The above comments do not apply to a standard security over registered subjects. Section 15(1) Act and rule 25 and Schedule B of the 1980 Rules provide for the interest over which the security has been granted to be described by reference to the title number of that interest; i.e. ‘ALL and WHOLE the subjects known as 10 London Road, Glasgow, registered under Title Number GLA 12345 ...’ However, where a standard security relates to a part of a registered interest (e.g. where it accompanies an application for registration of a transfer of part), the implications are the same as for a standard security granted at the time of first registration, except that a reference to the title number of that larger interest is also required. Power of sale 6.69 In dealing with an application to register a purchaser’s title following on the exercise of a power of sale by a heritable creditor under a standard security recorded in the Sasine Register, the Keeper will exclude indemnity in the purchaser’s title sheet if the description of the security subjects does not comply with the requirements stipulated in the foregoing paragraphs. The note excluding indemnity, which  will  appear  in  the  proprietorship  section  of  the  title  sheet,  will  run  in  terms  similar  to  the following: Note: Indemnity is excluded in terms of Section 12(2) of the Land Registration (Scotland) Act 1979 in respect of any loss arising as a result of the Standard Security, by AB in favour of CD, recorded

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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