Courts Reform (Scotland) Act 2014

87 Power of sheriff to order sheriff clerk to execute deed relating to heritage

(1) This section applies where—

(a) an action relating to heritable property is before a sheriff, or

(b) it appears to a sheriff that an order under this section is necessary to implement a decree of a sheriff relating to heritable property.

(2) The sheriff may make an order such as is mentioned in subsection (4)—

(a) on an application by the grantee of any deed relating to the heritable property, and

(b) if satisfied as to the matters mentioned in subsection (3).

(3) The matters are that the grantor of any deed relating to the heritable property—

(a) cannot be found,

(b) refuses to execute the deed,

(c) is unable, or otherwise fails, to execute the deed.

(4) The order is one—

(a) dispensing with the execution of the deed by the grantor, and

(b) directing the sheriff clerk to execute the deed.

(5) A deed executed by the sheriff clerk in accordance with a direction in an order under this section has the same force and effect as if it had been executed by the grantor.

(6) In this section—

• “grantor”, in relation to a deed relating to the heritable property, means a person who is under an obligation to execute the deed,

• “grantee” means the person to whom that obligation is owed.