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Conveyancing (Scotland) Act 1874
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3 Interpretation. S
The following words and expressions in this Act shall have the several meanings hereby assigned to them; that is to say,
“Land” or “lands” shall include all subjects of heritable property which [F1prior to the day appointed by order made under section 71 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) were, or might be, ] held of a superior according to feudal tenure, or which prior to the commencement of this Act have been or might have been held by burgage tenure, or by tenure of booking:
“Estate in land” shall mean any interest in land, whether in fee, life-rent, or security, and whether beneficial or in trust, or any real burden on land, and shall include an estate of [F2superiority]:
“Superior” shall include the Crown, the Prince and Steward of Scotland, and all subject superiors, and shall also include mid-superiors; “[F2superiority]” shall include mid-superiority:
“Conveyance” and “deed” and “instrument” shall each have the meaning attached thereto by the M1Titles to Land Consolidation (Scotland) Act, 1868, and the M2Titles to Land Consolidation (Scotland) Amendment Act, 1869, and shall also, when used in this Act, include all the deeds, instruments, decrees, petitions, and writings specified in this Act, and the words “heritable securities” and “securities” shall have the meaning attached thereto by the said recited Acts, and shall also, when used in this Act, include real burdens and securities by way of ground annual:
[F2“Infeftment” shall include every title to an estate in land requiring and admitting of infeftment which is duly recorded in the appropriate register of sasines:]
[F2“Feu” shall include “blench,” and “feu-duty” shall include “blench duty”:]
[F2“Casualties” shall include the relief duty payable on the entry or succession of an heir, the composition or other duty payable on the entry of a singular successor, whether by law or under the conditions of the feu, and all payments exigible in lieu of such duties and compositions, and all periodical fixed sums or quantities which may be stipulated for under this Act:]
“Sheriff” shall include . . . F3 sheriff substitute . . . F3
Textual Amendments
F1Words in s. 3 substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(2)(a) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F2Words in s. 3 ceases to have effect (28.11.2004) by virtue of Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 9(2)(b)-(d), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F3Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)
Modifications etc. (not altering text)
C1S. 3 modified by Conveyancing (Scotland) Act 1924 (c. 27), s. 2(1)
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