Manual amendments to advance notice
Published: 09 March 2015
Manual amendments to advance notice of first registration are not acceptable for recording in the Sasine Register for the following reasons:
- An advance notice which is recorded in Sasines is not simply a notice (which it is in the Land Register) but a writ which requires to be stamped and recorded like any other. In accordance with the Requirements of Writing (Scotland) Act 1995, if any other deed had manual amendments which appear to have been made after it was signed, those amendments would be narrated in the testing clause. However, an advance notice is not subject to the 1995 Act.
- The information inserted for the advance notice is saved on the system in case a discharge is required by the applicant. Obviously, manual amendments are not saved on the system so if a discharge were created, it would contain the inputted information which is not the same as the information contained on the amended notice. If such a discharge were recorded, it would not have the desired effect of discharging the advance notice as the information would not match.
- As it takes very little time to prepare a replacement advance notice, RoS would not usually accept an advance notice which has been manually amended. However, if the applicant confirmed that they had satisfied him or herself that a manually amended notice were valid and had the intended effect and insisted that it be recorded, then RoS would do so.