If you have undergone gender reassignment surgery, you will be dealing with an overwhelming number of changes and will be starting to create your new identity. To make things easier, the Registers of Scotland (ROS) will change your title deeds to reflect your new identity. They will not only change your name as owner, they will also change your name as borrower in respect of any securities registered over your title. Please note however you will also have to inform your security lender of the change.
In order to update the title, ROS require one or more of the following forms of evidence:
- a statutory declaration on change of name;
- an affidavit sworn before a notary public;
- written confirmation from a responsible person (e.g. a solicitor, general practitioner, MSP or MP); or
- a Gender Recognition Certificate.
ROS has advised that if the change is not apparent from the above documents, they would also require further evidence linking the change in name to the relevant property (e.g. driving licence, utility bill etc.).
Requests to change your name can be made directly to ROS by email or letter through their post-registration team. (If you are sending a letter this should be sent in an envelope clearly marked “confidential” to Post registration senior caseworker, Registers of Scotland, Meadowbank House, 153 London Road, Edinburgh, EH8 7AU). They ask that where possible you use their notification of inaccuracy form, which can be found on their website. Their aim is to ensure that each request is dealt with dignity, respect and confidentiality. They have therefore set up a team of specific senior officials to deal with these requests.
At present, ROS do not charge any registration fees to update the Land Register to reflect a change of gender.
If you require any advice with regards to changing your name on your title deed, please do not hesitate to contact our residential conveyancing team. We also have a number of notary publics and are able to assist with the preparation of an affidavit.