Conveyancing and Feudal Reform (Scotland) Act 1970

3 Allocation of feuduties

(1) The provisions of this section and of sections 4 and 5 of this Act shall, without prejudice to any other method of allocation, apply for the purpose of allocating any cumulo feuduty, whether constituted before or after the commencement of this Act.

(2) For the purposes of this section and of sections 4 and 5 of this Act,

• " cumulo feuduty " means the whole of a feuduty which at any given time is exigible in respect of land consisting of two or more parts held by separate proprietors, being a feuduty which at that time has not been allocated upon those parts by the superior or under this Act;

• " feu " means the whole land burdened with a cumulo feuduty; and

• " land " has the meaning assigned to it in section 3 of the [1874 c. 94.] Conveyancing (Scotland) Act 1874.

(3) Any proprietor of part of a feu may serve upon his superior or upon any other person to whom the cumulo feuduty is paid on his behalf a notice of allocation of the portion of the cumulo feuduty which has been apportioned by disposition or other document or by any other method (formal or informal) on the part of the feu of which he is proprietor.

(4) A notice of allocation shall be in, or as nearly as may be in, such form as may be prescribed by regulations made by the Secretary of State by statutory instrument, and shall contain—

(a) the name and address of the proprietor serving the notice and a sufficient identification of the part of the feu of which he is proprietor and on which he wishes the portion of the cumulo feuduty to be allocated, and the name and address of the person to whom that portion is paid;

(b) a statement of the amount of that portion ;

(c) a statement to the effect that that portion of the feuduty is to be allocated under the Conveyancing and Feudal Reform (Scotland) Act 1970 on the part of the feu of which the person serving the notice is the proprietor;

and shall be signed by the proprietor or his agent.

(5) Subject to the provisions of sections 4 and 5 of this Act, a notice of allocation shall be effective to allocate on the part of the feu of which the person serving the notice is the proprietor the portion of the cumulo feuduty stated in the notice.