Grant of Confirmation

sheps

Can i first add my sincere thanks to all the effort from everyone on this thread throughout the years at the most difficult of times for most of us too. I have read most of the thread, and I am mostly reasurred we are about there with this c1 form thanks to you all. 

I've only 2 questions still, and it is regarding the description of 
the dwelling House.

It is still listed with the register of sasines.
It mentions no postcode nor does the country exist any more.
So do I use the address on the deeds or how to I include the current one? 

I've the fiche and frame numbers stamped on page 1
Its 5 sheets long..
 First 3 I assume make up the conveyancing and it is signed on page 3.
The 4th is a paragraph titled SCEDULE referred to in the forgoing FEU DISPOSITION
5ED is the plans. 
Can someone please help me just what parts of the text make up the description. When I asked the solicitor they sent me a reply that they included it but sent me full deeds rather than words I needed to extract from it. 
The only other information they volunteered was their fees. I guess they need to make a living but I would like to try finish this myself.. Well with a little help from you all if possible.  😊 Many thanks 

buddy9

There is a suggested GRS description on another thread

https://forums.moneysavingexpert.com/discussion/comment/78476188#Comment_78476188

sheps

buddy9 said:

There is a suggested GRS description on another thread

https://forums.moneysavingexpert.com/discussion/comment/78476188#Comment_78476188

Thanks buddy9, I will give that a good look over later. I've a rather long description, describing the making of the feu, for the land sold to a housing association for development, I will take it that needs included as written and shouldn't remove the all and Whole description of the original larger area of land description by say using the term "thereby" and simply reference the area (sw of and se of) the dwelling House rather than all the rest of it and say include 2 other dates and people involved that the feu associated with it were registered with ROS (sasines).

It's just going to take up so much room to just write description I guess I'm trying to be lazy.. As I will have to reshuffle what I done on the digital form as is not the best designed re that inventory part of form or atleast not when working off a mobile divice 

I hope that makes sense 🤣

buddy9

The legal requirement is to include a description as will be sufficient to identify the property as a separate item in the deceased person's estate. This normally is done by a conveyancing type description. There is some guidance on short Sasine descriptions in schedule D  of the Conveyancing (Scotland) Act 1924
https://www.legislation.gov.uk/ukpga/Geo5/14-15/27/schedule/D

sheps

buddy9 said:

The legal requirement is to include a description as will be sufficient to identify the property as a separate item in the deceased person's estate. This normally is done by a conveyancing type description. There is some guidance on short Sasine descriptions in schedule D  of the Conveyancing (Scotland) Act 1924
https://www.legislation.gov.uk/ukpga/Geo5/14-15/27/schedule/D

Thank you so much, I've not sat down today until just now so not had the chance to properly look through it all but from what I've scanned just now I think i should be able to work with it from there and finish it tomorrow. This thread and especially the help from yourself today has been so helpful and it means to much to get that bit of support. I hope it all is accepted but if not i will try again.. I must admit just the process of doing this some how makes me feel a bit more useful right now. 

buddy9

 I have looked at Currie on Confirmation which contains sasine examples,

There is an example with a simple description comprising address, one disposition, granter and grantee names, and where and when recorded

There is a more complex description where a property comprises a number of different conveyances and split of deeds. Here different dispositions and exceptions are referenced using the same level of detail as above. This example includes  ALL and WHOLE (FIRST) the subjects.....

sheps

buddy9 said:

 I have looked at Currie on Confirmation which contains sasine examples,

There is an example with a simple description comprising address, one disposition, granter and grantee names, and where and when recorded

There is a more complex description where a property comprises a number of different conveyances and split of deeds. Here different dispositions and exceptions are referenced using the same level of detail as above. This example includes  ALL and WHOLE (FIRST) the subjects.....

Aye I think this is more like the second.

As there is 3 historical dispositions mentioned in this deed.
The first and oldest contains the main description of the land purchased.. Then I think I can copy over the next 2 which of it as it just reads like the shortened version of an origional.. It uses the terms one (dwelling House) and two (feu) when it references the the next 2 dispondes and dates of recording and registration. It mentions a deed of condions, then I get (three)  Parts, privileges and pertinents thereof (four) our whole right, title and interest, present and future in and to the dominium utite thereof.... I hope don't need included as don't describe the property. 

brownmruk

I just wanted to post a note of thanks to all the contributors here. I found several helpful pointers for the wording of the declaration in this forum. I submitted my C1 and C5 forms to the Dunfermline Sheriff Court today and was told they are currently aiming to turn them around in about a week so fingers crossed. 

sheps

Does anyone have an completed annonomised form they would be willing to send me. I'm not sure about what should be in the summary and the sheriff noticed I missed it out so sent me away to proof read and adjust accordingly. They also suggested I need advice re description of dwelling place.. Can anyone explain what can go wrong if I get description wrong? Does it not just prove we have right to sell does it need to contain every detail? Thanks 

buddy9

There is an example on this link that may help you. (Providing the site opens for you)

https://sites.google.com/view/confirmation-of-executor/c1-inventory

Edit March 2024. This google site no longer live

also see https://forums.moneysavingexpert.com/discussion/6343501/c1-scotland-inventory