Land Registration etc. (Scotland) Act 2012

60 Effect of advance notice: recorded deeds

(1) Subsections (2) and (3) apply in relation to any two deeds (“deed Y” and “deed Z”) relating to the same plot of land where, during a protected period relating to deed Y—

(a) deed Z is recorded in the Register of Sasines, and

(b) on or after the date of recording, an application is made for registration of deed Y.

(2) The decision as to whether or not to accept the application for registration of deed Y is to be taken as if deed Z had not been recorded.

(3) If the decision mentioned in subsection (2) is to accept the application—

(a) deed Y has on registration the same effect as if deed Z had not been recorded, and

(b) in making up the title sheet for the plot, the Keeper must give effect (if any) to deed Z as if it were not recorded but registered after deed Y.