Abolition of Feudal Tenure etc. (Scotland) Act 2000

65 Creation of proper liferent

(1) A proper liferent over land is created—

(a) in a case where the right is registrable under section 2 of the Land Registration (Scotland) Act 1979 (c. 33)—

(i) (unless the deed granting or reserving the right makes provision for some later date) on registration; or

(ii) (where provision is made for such a date and the right has been registered) on that date; or

(b) in any other case—

(i) (unless the deed granting or reserving the right makes provision for some later date) on recording of the deed in the Register of Sasines; or

(ii) (where provision is made for such a date and such deed has been so recorded) on that date.

(2) This section is without prejudice to any other enactment, or rule of law, by or under which a proper liferent over land may be created.

(3) In subsection (1)(a) above, “registrable” and “registration” have the meanings respectively assigned to those expressions by section 1(3) of the Land Registration (Scotland) Act 1979 (c. 33).

(4) The references, in subsection (1)(b) above, to a deed being recorded include references to a notice of title deducing title through a deed being recorded.