Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Priority definition

What does Priority mean? Priority describes the order in which competing proprietary rights and security interests take effect against an asset and the sequence in which secured creditors are paid on enforcement or insolvency. It is a cross‑context concept informed by statute and case law (for example, land registration legislation, companies legislation on registration of charges, and equitable rules on notice). In practice, priority is usually set by time and method of perfection: creation and registration of mortgages/standard securities over land (e.g. under the Land Registration Act 2002 in England and Wales and the 2012 Scottish legislation), registration of company charges (at Companies House under...

Practice comparison: Scotland advance notices and protected periods v England and Wales official searches with priority: closing the registration gap for sales, leases and security

Published by a LexisNexis Property expert

Practice notes

In property transactions, the buyer, tenant or lender will review the property title before progressing. Yet, between that examination and the point when the deed in their favour (the Deed) is submitted for registration at the relevant land register, circumstances may change, potentially depriving the buyer/tenant/lender of the rights they anticipated. Although the contract between the parties will allocate this risk, there are also protections within the registration process. See Practice Note: The ‘registration gap’.

In England and Wales, the risk is managed by carrying out an official search with Priority (a priority search) at HM Land Registry and ensuring the Deed is registered within the priority period. See Practice Note: Pre-completion searches—Official search with priority—registered land or seller’s title pending first registration—registrable dispositions for valuable consideration.

In Scotland, the position is covered by using an Advance notice and ensuring the Deed is registered during the protected period. See Practice Notes: Investigating title in Scotland—searches and enquiries—the basics and Land registration and the Sasine Register in Scotland. While both measures are designed to deal with the gap period, there are differences and it...

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Rachel Oliphant

Pinsent Masons

Rachel is a senior practice development lawyer for the Scottish property team at Pinsent Masons and is senior tutor in conveyancing on the Diploma in Legal Practice at The University of Edinburgh. After practising as a commercial property solicitor in England (at Reynolds Porter Chamberlain) and then in Scotland (at McGrigor Donald which she joined in 1995) Rachel became one of the first property professional support lawyers in Scotland in 2001. Rachel's transactional experience was in property development particularly retail development in both England and Scotland. In her current role at Pinsent Masons Rachel is responsible for keeping the property lawyers up to date on changes in property law and market practice, creating and maintaining precedents and organising and delivering training to ensure that the lawyers in the team are fully-equipped with the necessary technical excellence and skills to deliver a...

Web page updated on 21/05/2026

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