Long Leases (Scotland) Act 1954

27 Amendment of s. 18 of 20 and 21 Vict. c. 26

(1) Notwithstanding the provisions of section eighteen of the Registration of Leases (Scotland) Act, 1857, (which provides that except as mentioned therein, no lease of lands and heritages shall be held to be registrable under that Act unless the name of the lands of which the subjects let consist or form a part is set forth in such lease and unless the extent of the land let is set forth in such lease and does not exceed fifty acres), no lease shall be held not to be registrable under the said Act by reason only that the name of the lands of which the subjects let consist or form a part is not set forth in such lease or by reason only that the extent of the land let is not set forth in such lease, if there is set forth in such lease a particular description of the subjects let under the lease or a description by reference of the said subjects in accordance with the provisions of the Conveyancing (Scotland) Act, 1874, and the Conveyancing (Scotland) Act, 1924, and there is endorsed on such lease and recorded therewith a probative declaration signed by the landlord and lessee for the time being stating that the extent of the land let does not exceed fifty acres.

(2) A lease recorded in the Register of Sasines under the said Act of 1857 before the commencement of this Act shall not be held to have been invalidly recorded by reason only that the name of the lands of which the subjects let consist or form a part is not set forth in such lease or by reason only that the extent of the land let is not set forth in such lease, if there is set forth in such lease a particular description of the subjects let under the lease or a description by reference of the said subjects in accordance with the provisions of the Conveyancing (Scotland) Act, 1874, and the Conveyancing (Scotland) Act, 1924, but any deed relating to the land let under the lease or to any part of such land may be recorded in the Register of Sasines after the commencement of this Act if and only if—

(a) such deed contains a declaration that the extent of the land let under the lease does not exceed fifty acres ; or

(b) a deed relating to the land let under the lease or to such part thereof, as the case may be, has been recorded in the Register of Sasines after the commencement of this Act in pursuance of this subsection.