An advance notice provides protection for a 35 day period for a deed between two named parties intended to be registered in the Land Register.
An advance notice has legal effect the day after it is recorded in the Sasine Register. It protects the intended grantee against competing deeds registered within the 35 day protected period, and against the granter being inhibited within the 35 day protected period.
A first registration advance notice is appropriate when preparing a deed that transfers a Sasine title, or part of a Sasine title, onto the Land Register. In terms of section 57 of the Land Registration etc (Scotland) Act 2012, a person can only apply to the keeper for an advance notice in relation to a 'registrable deed', thus an advance notice only protects a deed intended to be registered in the Land Register. An advance notice can only be recorded in the Sasine Register in relation to an intended standard security if the security will accompany a disposition inducing first registration in the Land Register.
Section 14 of the Land Registration (Scotland) Act 1868 states that every writ to be registered in the Sasine Register will be impressed by a stamp or seal. This means that an application for a first registration advance notice must be made by paper submission in order to meet that requirement. An advance notice to be recorded in the Sasine Register cannot be submitted electronically, as it would have to be printed off in order to go through the Sasine process - and printing makes it no longer an original document, but a non-recordable copy of an electronic document.
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.