scottish land register

fob1969

Hi there my friend is the executor of her dads estate and also the beneficiary of his house where she also lives . We have done grant of confirmation this was done without a solicitor and now need to transfer house into her name do we need to go through solicitor or can this be done by herself

fob1969

Okay thankyou

user1977

There's no need for her to register anything at the Land Register, normally all you need by the time of a subsequent sale is a docquet on the certificate of confirmation in which she transfers the property as executor to herself as an individual. Previous thread here which includes discussion of the process:

https://forums.moneysavingexpert.com/discussion/6610145/sasine-register-scotland-updating-title-discharging-standard-security

Heedtheadvice

User1977 will no doubt tell me if I am wrong but (assuming the property was not owned in joint names) then there is a transfer of ownership of the heritable property and that requires a legal Disposition to change the ownership.

...or is what is meant by a docquet?

Then as ownership is changing does that not require Land Registry addition?

user1977

The docquet is the transfer of the property from the estate to the beneficiary. Like I said, there's no real need to register it. And registration costs money, and this is a money saving site...

Heedtheadvice

Thanks. Everyday is a learning day. All I have come across, from memory, is a Deed of Disposition.

Th RoS site is a bit confusing as it states Land Registration is required for a new ownership but then goes on to only give info if it is a sale!

There are advantages to property being on the Registry, not least clarity of title and boundary, but as you say MS.