Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Standard security definition

What does Standard security mean? In Scottish conveyancing, a standard security is the statutory form of mortgage over heritable property (land and buildings), used to secure payment or performance of obligations. It is created by a deed in the form prescribed by the Conveyancing and Feudal Reform (Scotland) Act 1970 and is the principal type of heritable security in Scotland. The deed must be registered in the Land Register of Scotland (or recorded in the Register of Sasines) to be effective against third parties, with priority (ranking) determined chiefly by the order of registration, subject to ranking/postponement agreements. Standard conditions implied by the 1970 Act...

Enforcing standard securities: residential properties regime, calling-up/default notices, possession, sale and court processes (Scotland)

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note examines the enforcement of Standard security over heritable property in Scotland.

Legal framework

The regime governing enforcement of standard securities sits in, and is derived from, Part II of the Conveyancing and Feudal Reform (Scotland) Act 1970 (CFR(S)A 1970). The statutory framework originally set out in the CFR(S)A 1970 has been significantly modified for securities over properties used for residential purposes, principally by the following:

Mortgage Rights (Scotland) Act 2001, and
Home Owner and Debtor Protection (Scotland) Act 2010

When considering enforcement of any standard security, the reference point is the security instrument itself and, in particular, the operation and application of the ‘Standard Conditions’ contained in CFR(S)A 1970, Sch 3. From an enforcement standpoint, normally the key Standard Conditions to note in practice are:

Standard Condition 9—which defines the circumstances in which a debtor is to be treated as being in default, and
Standard Condition 10—which describes the Creditor’s suite of rights once default has arisen, including power to sell the property, enter into possession, let the property and effect repairs

CFR(S)A 1970, ss 19–25 address the detailed mechanical steps that need to be taken to establish default for enforcement purposes within the meaning of the Standard Condition...

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Alistair Drummond

DLA Piper

Alistair heads up DLA Piper's Litigation and Regulatory practice in Scotland, and specialises in all aspects of Commercial Property and Commercial Lease disputes and Contentious Construction issues. He advises on wide ranging matters including dilapidations, keep open clauses, landlord's consent, irritancy, lease interpretation, servitudes, enforcement of missives and agreements for lease, amongst others. Recognised by his peers and clients alike as having extensive and comprehensive knowledge of his area of practice, Alistair is frequently requested to lecture and present seminars and training events on the subject. ...

Web page updated on 21/05/2026

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