27 Feb 2015

Case Comment: Registers of Scotland Process following RBS v Wilson overturned by Court of Session

Case Comment: Registers of Scotland Process following RBS v Wilson overturned by Court of Session


Richard Street, Partner, comments on the Registers of Scotland Process and the case of RBS v Wilson.

One of the long lasting effects of the landmark decision of RBS v Wilson has finally been rectified by a decision issued by Lord Doherty in the Court of Session on 22nd December 2014, against the Keeper of the Registers of Scotland and Others.

Case Law

This case arose out of a challenge to the procedure adopted by the Keeper post RBS v Wilson of leaving second a subsequent standard securities in the Charges Section of the Title Sheet, in cases where the repossession procedures had been carried out under the default provisions of section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970, rather than under the Calling Up Notice procedures. The effect of this has been that those second and subsequent securities were left on the Title Sheet to rank ahead of any security granted in favour of a mortgage lender of subsequent purchasers of the property.

Although there were strong proposals made during the consultation stage of the Land Registration, etc (Scotland) Act 2012 these were rejected by the Scottish Parliament.

As such, the only practical way to solve this issue until now was to engage with the second and subsequent charge holders in an attempt to obtain formal Discharges for registration; however, some lenders were more willing to engage in this process than others for a variety of reasons and it could prove costly and time consuming to go through this process.


In this case, Lord Doherty has now ruled that the procedure adopted by the Keeper was wrong and was not founded upon a good legal argument; in this case the Pursuer is entitled to have his title rectified, removing the second and subsequent securities from their Title Sheet.

It should be noted that Lord Doherty did state that there could be some circumstances where the second or subsequent securities would not be removed, but these would be in the minority of cases where there was some other reason rather than simply the effect of the decision in RBS v Wilson.

The process to follow in removing the second or subsequent securities is by way of an Application for Rectification of the Title Sheet under section 9 of the 1970 Act, which is a very straightforward process.

Please correct the errors below before submitting your request:

Get in touch

Our dedicated client contact team prefer to receive enquiries through our contact form. We'll endeavour to get back to you within 24 hours or during the course of the next working day.

Tick this box if you wish to receive news and offers from Aberdein Considine. By doing, you indicate your consent to receiving targeted email marketing messages from us. On each occasion that we contact you in the future, you will be given the option to opt-out from receiving such messages. You may also email marketing@acandco.com at any time to opt-out.

The personal information that you provide to us in this form will only ever be used by Aberdein Considine (as the Data Controller) for the following specifically defined purposes:

  • email you content that you have requested from us
  • with your consent, occasionally email you with targeted information regarding our service offerings
  • continually honour any opt-out request you submit in the future
  • comply with any of our legal and/or regulatory obligations