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Conveyancing (Scotland) Act 1924

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Notes to Schedule KS

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Modifications etc. (not altering text)

Note. 1.—If the original infeftment upon a bond and disposition in security or other heritable security has been taken otherwise than by recording the same in the appropriate Register of Sasines, add immediately after the mention of the date of such bond and disposition in security or other deedand instrument of sasine(ornotarial instrument, or if such be the caseand along with notice of title)thereon(adding if such instrument or notice is not in favour of the original creditor the name and designation of the person in whose favour it is conceived)recorded in(specify Register of Sasines and date of recording).

Note 2.—Where the granter of an assignation, discharge or deed of restriction of a bond and disposition in security is not the original creditor, but has a recorded title, [F1no specification of the granter’s title is required; or if such granter has not a recorded title, insert at the end of the deedWhich bond and disposition in security(adding, if necessary,to the extent aforesaidor as the case may be)]was last vested in the said(give name of original creditor)as aforesaid[or if he was not the person having the last recorded title, saywas last vested(adding, if necessary,to the extent aforesaid, or as the case may be)in J.K. (design person having last recorded title)whose title thereto was recorded in said Register of Sasines(or as the case may be, and give date of recording)],and from whom I acquired right(adding, if necessary,to the extent aforesaidor as the case may be)by(here specify the writ or series of writs by which right was so acquired). In the case of an assignation, discharge or deed of restriction of a ground annual or other real burden the same course will be followed except that the wordsground annualorreal burdenshall be substituted for the wordsbond and disposition in security.

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Amendments (Textual)

Note 3.—If part of the security subjects has already been disburdened there may be inserted in an assignation after the specification of the bond assigned a reference to the previous partial discharge or deed or restriction.

Note 4.—In adapting Forms Nos. 1, 3 and 5 of this schedule to real burdens for capital sums there shall be substituted for the specification of the bond and disposition in security the following:—A real burden for the sum of(insert sum)payable in terms of(specify deed under which the real burden was reserved or constituted, giving the names and designations of the granter and grantee or of the parties thereto),dated(insert date)and recorded in(specify Register of Sasines and date of recording).

[F2+Note 5—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

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Amendments (Textual)

F2Sch. K Note 5 added (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(b) (with ss. 9(3)(5)(7), 13, 14(3))

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