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This is the original version (as it was originally enacted).
(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.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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