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Conveyancing (Scotland) Act 1924

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SCHEDULES

SCHEDULE AS

Form No. 1S Clause of Deduction of Title in a Disposition of Land where the Granter is not infeft

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Modifications etc. (not altering text)

[To be inserted immediately after the clause specifying the date or term of entry or after the dispositive clause where no date or term of entry is specified.]

Which lands and others (orsubjects) were last vested [orare part of the lands and others (orsubjects) last vested] inA.B.,(designation of person last infeft), whose title thereto is recorded in (specify Register of Sasines and date of recording, or if the last infeftment has already been mentioned sayin the saidA.B. as aforesaid), and from whom I acquired right by (here specify shortly the writ or series of writs by which right was so acquired).

Note to Form No. 1 of Schedule AS

If any conditions, reservations, provisions, obligations, servitudes or other burdens which effect the land or any part thereof or qualify the granter’s right thereto be contained in or imposed by the writ or any of the writs by which the granter acquired right and are proper to be inserted, insert the same at length in the dispositive clause, and if they affect only part of the land specify the part or parts of the land affected thereby, and in case of money burdens specify the amounts thereof and the name and designation or designative description of the creditor therein, all as in the writ containing or imposing such money burdens, and in all cases specify the writ or writs containing or imposing such conditions and others.

Form No. 2S Clause transmitting Personal Obligation in a Heritable Security in a Disposition of Land

I, A.B. (designation), in consideration of (specify any part of price paid in money) and in consideration also of C.D. (designation) undertaking as by his signature hereto he undertakes the personal obligation contained in a bond and disposition in security for the sum of (insert amount) granted by me [or by E.F. (original debtor)] in favour of G.H. (original creditor), dated (insert date), and recorded in (specify Register of Sasines and date of recording) do hereby dispone, &c.

Section 15.

SCHEDULE BS Notice of Title

Form No. 1S On behalf of a Person who has Right to Land by a Title which has not been recorded in the appropriate Register of Sasines and which is not to be recorded along with the Notice of Title.

Be it known thatA.B. (designation) has right as proprietor (orlife-renterorproprietor in trustor otherwise, as the case may be) to all and whole [here describe the land or refer to description thereof as in Schedule D. to this Act or as in Schedule G. to the M1Titles to Land Consolidation (Scotland) Act,1868;and if there are any conditions, reservations, provisions, obligations servitudes, or other burdens which affect the land or any part thereof and have entered the record and are proper to be inserted or referred to, here insert the same at length or refer thereto as in Schedule H. to the M2Conveyancing (Scotland) Act,1874,and if any such conditions and others which affect the land or any part thereof or qualify A.B.’s right thereto be contained in or imposed by the writ or any of the writs by which A.B. acquired right and are proper to be inserted, here insert the same at length, and if they affect only part of the land specify the part or parts of the land affected thereby, and in case of money burdens specify the amount thereof and the name and designation or designative description of the creditor therein all as in the writ containing or imposing such money burdens, and in all cases specify the writ or writs containing or imposing such conditions and others]; Which lands and others (orsubjects) were last vested [orare part of the lands and others (orsubjects) last vested] inC.D. (design person last infeft), whose title thereto was recorded in (specify Register of Sasines and date of recording, or if the last infeftment has already been mentioned sayin the saidC.D. as aforesaid), and from whom the saidA.B. acquired right by (here specify shortly the writ or series of writs by which he acquired right); Which last recorded title and subsequent writ (orwrits) have been presented to me,Y.Z. (designation), Notary Public, (orLaw Agent).

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Marginal Citations

[F1Testing clause+]

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Amendments (Textual)

F1Words in Sch. B Form No. 1 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 31(a) (with ss. 9(3)(5)(7), 13, 14(3))

Y.Z.

Form No. 2S On behalf of a Person who has Right to Land conveyed by an Unrecorded Special Conveyance which is to be recorded along with the Notice of Title.

Be it known that A.B. (designation) has right as proprietor (or life-renter or proprietor in trust or otherwise, as the case may be) to all and whole the lands and others (or subjects) disponed by (or contained in) the disposition (or feu charter or other special conveyance) granted by C.D. (designation) in favour of E.F. (designation) dated (insert date), and recorded in (specify Register of Sasines) of even date herewith [if any conditions, reservations, provisions, obligations, servitudes or other burdens affecting the land or any part thereof or qualifying A.B.’s right thereto be contained in or imposed by the writ or any of the writs by which A.B. acquired right other than such special conveyance and are proper to be inserted, here insert the same at length, and if they affect only part of the land specify the part or parts of the land affected thereby, and in case of money burdens specify the amount thereof and the name and designation or designative description of the creditor therein, all as in the writ containing or imposing such money burdens, and in all cases specify the writ or writs containing or imposing such conditions and others]; To which lands and others (orsubjects) the said A.B. acquired right by the foresaid disposition (or as the case may be) and by (here specify shortly the subsequent writ or series of writs by which he acquired right); Which disposition and subsequent writ (or writs) have been presented to me (as in Form No. 1 of this Schedule).

[F2Testing clause+]

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Amendments (Textual)

F2Words in Sch. B Form No. 2 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 31(a) (with ss. 9(3)(5)(7), 13, 14(3))

Form No. 3S On behalf of a Person who has Right to a recorded Heritable Security by a Title which has not been recorded in the appropriate Register of Sasines and which is not to be recorded along with the Notice of Title.

Be it known thatA.B. (designation) has right (adding if such be the caseto the extent aftermentioned) to a bond and disposition in security (or as the case may be) for the sum of (insert amount) granted byC.D. (design original debtor) in favour ofE.F. (design original creditor), dated (insert date) and recorded in [specify Register of Sasines and date of recording; adding, if necessary, but only to the extent of (insert sum) of principal]; Which bond and disposition in security was last vested in the saidE.F. as aforesaid [or if E.F. is not the person last infeft therein, or holding the last recorded title thereto, sayWhich bond and disposition in security (adding if necessary, to the extent foresaidor as the case may be) was last vested inG.H. (design person holding the last recorded title thereto), whose title thereto was recorded in said Register of Sasines (or as the case may be, and give date of recording)], and from whom the saidA.B. acquired right (adding, if necessary, to the extent foresaid,or as the case may be), by (here specify shortly the writ or series of writs by which he acquired right); Which last recorded title and subsequent writorwrits) have been presented to me (as in Form No. 1 of this Schedule).

[F3Testing clause+]

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Amendments (Textual)

F3Words in Sch. B Form No. 3 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 31(a) (with ss. 9(3)(5)(7), 13, 14(3))

Form No. 4S On behalf of a Person who has Right to a Ground Annual which has appeared in the appropriate Register of Sasines by a Title which has not been recorded therein, and which is not to be recorded along with the Notice of Title.

Be it known thatA.B. (designation) has right (adding if such be the caseto the extent aftermentioned) to the ground annual of (insert amount) exigible yearly at (state term or date of payment) in each year [orin equal portions half-yearly at (state terms or dates of payment) in each yearor otherwise as the case may be; and if there be any duplications or other casual payments add,with duplication every nineteenth year,or otherwise as the case may be,from and after (state the term or date from which the current duplication or other casual payment is running)] constituted by a contract of ground annual (or other deed by which the ground annual was constituted, giving the names and designations of the parties thereto or of the granter and grantee) recorded in [specify Register of Sasines and date of recording; and if any duplications or other casual payments have been redeemed and commuted into an additional annual payment sayand also to the additional ground annual of (insert sum) exigible at the same term (ordate) in each year (or as the case may be) in lieu and commutation of casual payments;adding if necessarybut only to the extent of (insert sum or respective sums)] payable out of All and Whole (here describe the land or refer to description thereof as in Schedule D to this Act or as in Schedule G to the M3Titles to land Consolidation (Scotland) Act, 1868);Which ground annual was (orwhich ground annual and others were) last vested (adding if necessaryto the extent foresaidor as the case may be) inC.D. (design person having the only or last recorded title), whose title thereto was recorded in (specify Register of Sasines and date of recording; or if the only or last recorded title has already been mentioned sayin the saidC.D. as aforesaid), and from whom the saidA.B. acquired right (adding if necessaryto the extent foresaidor as the case may be) by (here specify shortly the writ or series of writs by which he acquired right), Which last recorded title and subsequent writ (orwrits) have been presented to me (as in Form No. 1 of this Schedule).

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[F4Testing clause+]

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Amendments (Textual)

F4Words in Sch. B Form No. 4 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 31(a) (with ss. 9(3)(5)(7), 13, 14(3))

Form No. 5S On behalf of a Person who has Right to an unrecorded Heritable Security which is to be recorded along with the Notice of Title.

Be it known that A.B. (designation) has right (adding if such be the caseto the extent aftermentioned) to a bond and disposition in security (or as the case may be) for the sum of (insert amount) granted by C.D. (designation) in favour of E.F. (designation) dated (insert date), and recorded in (specify Register of Sasines) of even date herewith [adding if necessarybut only to the extent of (insert sum) of principal]; To which bond and disposition in security (adding if necessary to the extent foresaid or as the case may be) the said A.B. acquired right by (here specify shortly the writ or series of writs by which he acquired right); Which bond and disposition in Security (or as the case may be) and subsequent writ (or writs) have been presented to me (as in Form No. 1 of this Schedule).

[F5Testing clause+]

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Amendments (Textual)

F5Words in Sch. B Form No. 5 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 31(a) (with ss. 9(3)(5)(7), 13, 14(3))

Form No. 6S On behalf of a Person who has Right to a Ground Annual constituted by a Deed the Recording of which in the appropriate Register of Sasines on behalf of the original Creditor would have infeft him therein and in the Lands out of which it is payable, so recorded, and which is to be recorded along with the Notice of Title.

Be it known thatA.B. (designation) has right (adding if such be the caseto the extent aftermentioned) to a ground annual of (insert amount, and if there be any duplications or other casual payments addwith duplication every nineteenth year,or as the case may be) payable under a contract of ground annual (or other deed by which the ground annual was constituted, giving the names and designations of the parties thereto or of the granter and grantee) dated (insert date), and recorded in (specify Register of Sasines) of even date herewith, [adding, if necessary, but only to the extent of (insert sum or respective sums)]; To which ground annual (adding, if necessary,to the extent foresaidor as the case may be) the saidA.B. acquired right by the foresaid contract of ground annual (or as the case may be) and by (here specify shortly the writ or series of writs by which he acquired right); Which contract of ground annual (or as the case may be) and subsequent writ (orwrits) have been presented to me (as in Form No. 1 of this Schedule).

[F6Testing clause+]

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Amendments (Textual)

F6Words in Sch. B Form No. 6 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 31(a) (with ss. 9(3)(5)(7), 13, 14(3))

Notes to Schedule BS

Note 1.—Where the description in the last infeftment is a particular description, the description in Form No. 1 of this Schedule should be by reference thereto, unless there is reason to the contrary.

Note 2.—In adapting Form No. 2 of this Schedule to the case of a person who has right to only a part of the land contained in a unrecorded conveyance, deed, or decree there shall be inserted immediately before the words “all and whole” a description of such part of the land, and the form may then proceedwhich lands and others(orsubjects)are part of.

Note 3.—If the original infeftment upon a bond and disposition in security or other heritable security including a ground annual has been taken otherwise than by recording the same in the appropriate Register of Sasines add immediately after the mention of the date thereofand 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 4.—In adapting Forms Nos. 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 amount)payable to E.F. (designation)in terms of(specify the disposition or other 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); and in specifying the writs by whichA.B. acquired right to such real burden there shall in Form No. 5 be mentioned as the first of such writsthe said disposition(or other deed as above), and the same shall along with the other writ or writs be presented to the Agent expeding the notice of title.

Note 5. . . . F7

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Amendments (Textual)

Note 6.—Where in place of the principal titles or writs on which any notice of title bears to proceed there are presented to the agent expeding such notice extracts or office copies thereof, the statement in the notice as to the presentation of such titles or writs may be varied accordingly; but it shall be no objection to any notice of title that it states that the principal titles or writs were so presented although there were presented only extracts of office copies of such titles or writs.

Note 7.—Where a deed, decree or heritable security is to be recorded along with a notice of title it should be docqueted as follows:—Docqueted with reference to notice of title in favour ofA.B.recorded of even date herewith.

[F8+Note 8—Subscription of the document by the notary public (or law agent) on behalf of 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)

F8Sch. B Note 8 added (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 4 para. 31(b)

Y.Z. (designation),

Agent.

F9F9SCHEDULE CS

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Sections 4(2), (4), 24(3).

SCHEDULE DS Clause of Reference to a Description of Land contained in a prior Conveyance, Deed, or Instrument

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Modifications etc. (not altering text)

All and whole the lands and others (or subjects) in the county of (or in the burgh of and county of as the case may be) described in (refer to the conveyance, deed, or instrument in such terms as shall be sufficient to identify it, and specify the Register of Sasines in which it is recorded and date of recording, or where the conveyance, deed, or instrument referred to is recorded on the same date as the conveyance, deed, or instrument containing the reference substitute for the date of recording the wordsof even date with the recording of these presents):—

Notes to Schedule DS

Note 1.—In referring to a Deed containing a particular description [F10or to a Deed containing reservations, real burdens, conditions, provisions, limitations, obligations and stipulations affecting lands] it shall be sufficient to give the names of the granter and grantee or of the parties thereto without adding their designations, and when there are several granters or grantees or several parties acting in the same category it shall be sufficient to give the name of the first mentioned person only with the addition of the words and others;and where the granter or granters or grantee or grantees, or the parties or one of the parties thereto acts or act in a fiduciary capacity it shall be sufficient to state such capacity without giving their individual name or names, e.g.:

(a) Feu Charter granted by A.B. in favour of C.D., dated (insert date) and recorded in (specify Register of Sasines and give date of recording).

(b) Disposition granted by C.D. and others in favour of E.F. and others, dated, &c. (as above)

(c) Notarial Instrument (or Notice of title) in favour of the Trustee (or Trustees) of G.H. (or the Judicial Factor of J.K. or the Trustee on the Sequestrated Estates of L.M. or the Liquidator of the N.O. Company Limited, oras the case may be) recorded in (specify Register of Sasines and date of recording).

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Amendments (Textual)

Note 2.—Where it is desired to insert a short description of the land or subjects, this may be done as follows:—All and whole that dwelling-house, number ten, Rosebery Crescent, Edinburgh,(or the east most half-flat on the second storey of the tenement entering from number fifteen, Lothian Street, Edinburgh,or otherwise, as the case may be) in the county of Edinburgh, described in, &c. (as above).

Note 3.—If part only of the land or subjects described in a former recorded conveyance, deed, instrument, or notice of title is being conveyed or otherwise dealt with for the first time as a separate subject, such part should be described at length, adding being part of the lands and others (or subjects) in the county of or in the burgh of and county of described in, &c. (as above); or thus: All and Whole the lands and others (or subjects) in the county of or in the burgh of and county of described in, &c. (as above), with the exception of (describe the part excepted).

Note 4.—If several lands or subjects are described in the conveyance, deed, or instrument referred to, and it is intended to specify one or more of them, these may be distinguished from the others thus: All and Whole the lands and others (or subjects) first (or second and third) described in, &c. (as above, or otherwise, as the case may be).

Section 8.

SCHEDULE ES Deed of Acknowledgment of Omitted Conditions

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Modifications etc. (not altering text)

I, A.B. (designation), hereby acknowledge that in my title to the lands after referred to, namely (specify it), there was an omission or failure to repeat or refer to the following conditions (or clauses; repeat or refer to them), and which conditions (or clauses) affect the lands in the county of (or in the burgh of and county of ), described at length (or by reference) in the said (specify the title or writing); And the said conditions (or clauses) are accordingly now referred to in terms of the Conveyancing (Scotland) Act, 1924.

[F11Testing clause+

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Amendments (Textual)

F11Words in Sch. E substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 32 (with ss. 9(3)(5)(7), 13, 14(3))

+Note—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).]

Section 9.

SCHEDULE FS Warrants of Registration

Register on behalf of the within named A.B. [oron behalf of A.B. (designation)] in the Register of the County of G. [(or in the Registers of the Counties of G.H. and J.); . . . F12

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Amendments (Textual)

A.B.

or C.D., W.S. Edinburgh, agent.

or E. & F., W.S. Edinburgh, agents.

(or as the be).

Notes to Schedule FS

Note 1.—In the case of a Warrant of Registration written on a deed which is to be recorded in the Register of Sasines in terms of a clause of direction, add after the first word “Register” the wordsin terms of the clause of direction herein contained.

Note 2.—In the case of a Warrant of Registration written on a deed which is to be recorded in the General Register of Sasines for preservation (or for preservation and execution) insert the wordsfor preservation(orfor preservation and execution)as well as for publication.

Note 3.—When the right of the person or persons on whose behalf a deed is to be recorded is a fiduciary one the name or names of the Trustee or other person or persons acting in a fiduciary capacity shall be inerted in the Warrant of Registration written on such deed, and may be followed by a short reference to the capacity in which he or they act,e.g., as Trustee(or Trusteesor as the case may be)within mentioned, or, if desired, a fuller reference to such capacity may be given.

Note 4. . . . F13

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Amendments (Textual)

Note 5.—When a disposition or bond and disposition in security or other deed, decree or heritable security . . . F14 is to be recorded along with . . . F14 a notice of title, add at the end of the Warrant of Registration on . . . F14 such notice of title, the wordsalong with the disposition[or bond and disposition in security,or as the case may be; . . . F14docqueted with reference hereto.

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Amendments (Textual)

Section 10.

SCHEDULE GS Minute of Consolidation

I,A.B.,designed in the foregoing disposition, proprietor both of the superiority and of the property (orof the mid-superiority) of the lands described in the foregoing disposition, hereby consolidated the property of the said lands (ormid-superiority of the said lands) with the superiority thereof.

[F15Testing clause+

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Amendments (Textual)

F15Words in Sch. G substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 33 (with ss. 9(3)(5)(7), 13, 14(3))

+Note—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)]

Section 11.

SCHEDULE HS Memorandum of Allocation of Feu Duty not endorsed on a Deed

I,A.B.,(designation), immediate lawful superior of the lands and others (orsubjects) after-mentioned [with consent ofC.D. (designation), heritable creditor under a bond and disposition in security, granted by me in his favour (or as the case may be) for the sum of (insert amount) dated (insert date) and recorded in (specify Register of Sasines and date of recording)] hereby allocate the original feu-duty of (specify amount) and duplicand thereof [oradditional feu-duty of (specify amount)] payable under the feu charter granted by me (or as the case may be) in favour ofE.F. (designation), dated (insert date), and recorded in (specify Register of Sasines and date of recording) upon the following portions of the lands and others (or subjects) thereby disponed, namely (first) a feu-duty of £ with £ of augmentation, making a total of £ and duplicand thereof (or as the case may be) on all and whole (describe or refer to a particular description) and (second) a feu-duty of (as above) on all and whole (describe or refer to a particular description).

[F16Testing clause+

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Amendments (Textual)

F16Words in Sch. H substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 33 (with ss. 9(3)(5)(7), 13, 14(3))

+Note—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)]

F17SCHEDULE IS

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Amendments (Textual)

F17Sch. I repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))

Section 18.

SCHEDULE JS Registrable Leases

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Modifications etc. (not altering text)

A lease (or tack) granted by E.F. (designation) in my favour [or in favour of G.H. (designation) or as the case may be] of the subjects therein described lying in the county of (or burgh of and county of ) dated (insert date) and recorded in (specify Register of Sasines and date of recording).

Notes to Schedule JS

Note 1.—If the recording of a lease in the appropriate Register of Sasines has been effected by a successor of the original lessee, add immediately after the mention of the date thereof and along with notarial instrument (or notice of title) thereon in favour of (giving 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 any deed authorised by this Act relates to part only of the subjects contained in a lease add but in so far only as regards the following portion of the subjects leased, viz. (here describe the portion or refer to description thereof as in Schedule D hereto).

Note 3.—Where the granter of an assignation of a recorded lease or of a bond and assignation in security of a recorded lease is not the original lessee but has a recorded title [F18no specification of the granter’s title is required.]

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Amendments (Textual)

Note 4.—In an assignation or renunciation of a recorded lease the title of the granter of which assignation or renunciation is not recorded, and in a notice of title to a recorded lease, insert which lease (adding if necessary to the extent foresaid or as the case may be) was last vested in the said G.H. as aforesaid [or if G.H. is not the person having such title say in J.K. (design person having such title) whose title thereto is recorded in said Register of Sasines (or as the case may be, and give date of recording)], and from whom I (in the case of an assignation or renunciation) or the said A.B. (in the case of a notice of title) acquired right by (here specify shortly the writ or series of writs by which right was so acquired by the person granting the assignation or renunciation, or expeding the notice of title.)

Note 5.—Where a title to an unrecorded lease is being completed by notice of title under this Act the lease shall be referred to in manner above prescribed except that the Register of Sasines shall be specified, and for the date of recording of the lease there shall be substituted the words of even date herewith.

Section 24.

SCHEDULE KS

Form No. 1S Assignation of a Bond and Disposition in Security

I, A.B. (design creditor), in consideration of the sum of (insert sum), paid to me by C.D. (designation), hereby assign to the said C.D. a bond and disposition in security for the sum of (insert sum) granted by E.F. (design original debtor) in my favour [or in favour of G.H. (design original creditor)], dated (insert date), and recorded in [specify Register of Sasines and date of recording; adding if necessary but only to the extent of (insert sum) of principal]; With interest from (insert date).

[F19Testing clause+]

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Amendments (Textual)

F19Words in Sch. K Form No. 1 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))

Form No. 2S Assignation of a Ground Annual

I, A.B. (design creditor), in consideration of the sum of (insert sum) paid to me by C.D. (designation) hereby assign to the said C.D. a ground annual of (insert amount) exigible yearly at (state term or date of payment) in each year [or in equal portions half-yearly at (state terms or dates of payment) in each year, or otherwise, as the case may be; and if there be any duplications or other casual payments add with duplication every nineteenth year (or otherwise as the case may be) from and after (state the term or date from which the current duplication or other casual payment is running)] constituted by a contract of ground annual (or other deed by which the ground annual was constituted, giving the names and designations of the parties thereto, or of the granter and grantee) recorded in [specify Register of Sasines and date of recording; and if any duplications or other casual payments have been redeemed and commuted into an additional annual payment say,and also the additional ground annual of (insert sum) exigible at the same term (or date) in each year (or as the case may be) in lieu and commutation of casual payments; adding, if necessary,but only to the extent of (insert sum or respective sums)] payable out of all and whole (here describe the land or refer to description thereof as in Schedule D to this Act or as in Schedule G to the M4Titles to Land Consolidation (Scotland) Act, 1868);With right to the said ground annual (orground annual and others) from and after (insert date).

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Marginal Citations

[F20Testing clause+]

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Amendments (Textual)

F20Words in Sch. K Form No. 2 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))

Form No. 3S Discharge of a Bond and Disposition in Security

I, A.B. (design creditor), in consideration of the sum of (insert sum) paid to me by C.D. (designation), hereby discharge a bond and disposition in security for the sum of (insert sum) granted by the said C.D. [or by E.F. (design original debtor)] in my favour [or in favour of G.H. (design original creditor)] dated (insert date) and recorded in [specify Register of Sasines and date of recording; adding, if necessary,but only to the extent of (insert sum) of principal].

[F21Testing clause+]

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Amendments (Textual)

F21Words in Sch. K Form No. 3 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))

Form No. 4S Discharge of a Ground Annual

I, A.B. (design creditor), in consideration of the sum of (insert sum) paid to me by C.D. (designation), hereby discharge the ground annual of (insert amount, and if there be any duplications or other casual payments addwith duplications every nineteenth year or otherwise, as the case may be), constituted by a contract of ground annual (or other deed by which the ground annual was constituted, giving the name and designations of the parties thereto, or of the granter and grantee) recorded in [specify Register of Sasines and date of recording; and if any duplications or other casual payments have been redeemed and commuted into an additional annual payment sayand also the additional ground annual of (insert sum) constituted in lieu and commutation of casual payments;adding, if necessary, but only to the extent of (insert sum or respective sums)] payable out of all and whole (here describe the land or refer to description thereof as in Schedule D to this Act, or as in Schedule G to the M5Titles to Land Consolidation (Scotland) Act, 1868).

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Marginal Citations

[F22Testing clause+]

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Amendments (Textual)

F22Words in Sch. K Form No. 4 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))

Form No. 5S Deed of Restriction of a Bond and Disposition in Security

I, A.B. (design creditor), in consideration of (specify consideration, if any), hereby disburden of a bond and disposition in security for the sum of (insert sum) granted by C.D. (design original debtor) in my favour [or in favour of G.H. (design original creditor)], dated (insert date) and recorded in [specify Register of Sasines and date of recording, adding, if necessary,but only to the extent of (insert sum) of principal], all and whole (describe the land disburdened, or refer to description thereof as in Schedule D to this Act or as in Schedule G to the Titles to Land Consolidation (Scotland) Act, 1868).

[F23Testing clause+]

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Amendments (Textual)

F23Words in Sch. K Form No. 5 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))

Form No. 6S Combined Partial Discharge and Deed of Restriction of a Bond and Disposition in Security

I, A.B. (design creditor), in consideration of the sum of (insert sum) paid to me by C.D. (designation), discharge a bond and disposition in security for the sum of (insert sum) granted by the said C.D. [or by E.F. (design original debtor)] in my favour [or in favour of G.H. (design original creditor)] dated (insert date) and recorded in (specify Register of Sasines and date of recording) but only to the extent of (insert sum) of principal; And I disburden of the said bond and disposition in security [adding if necessary but only to the extent of (insert sum) of principal] all and whole (describe the land disburdened, or refer to description thereof as in Schedule D to this Act or as in Schedule G to the Titles to Land Consolidation (Scotland) Act, M61868).

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Marginal Citations

[F24Testing clause+]

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Amendments (Textual)

F24Words in Sch. K Form No. 6 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))

Form No. 7S Deed of Restriction of a Ground Annual

I, A.B. (design creditor), in consideration of (specify consideration, if any), hereby disburden of the ground annual of (insert amount, and if there be any duplications or other casual payments add with duplications every nineteenth year or otherwise as the case may be) constituted by a contract of ground annual (or other deed by which the ground annual was constituted, giving the names and designations of the parties thereto, or of the granter and grantee) recorded in [specify Register of Sasines and date of recording; and if any duplications or other casual payments have been redeemed or commuted into an additional payment sayand also of the additional ground annual of (insert sum) constituted in lieu and commutation of casual payments, adding, if necessary, but only to the extent of (insert sum or respective sums)] all and whole (here describe the land disburdened or refer to description thereof as in Schedule D to this Act, or as in Schedule G to the Titles to Land Consolidation (Scotland) Act, 1868); which lands are part of all and whole (describe the lands out of which the ground annual is payable or refer to description thereof as above) being the lands and others (or subjects) out of which the said ground annual is (or the said ground annual and others are) payable.

[F25Testing clause+]

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Amendments (Textual)

F25Words in Sch. K Form No. 7 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))

Form No. 8S Decree of Adjudication for a Ground Annual

Having resumed consideration of the said petition (or action) finds and declares that the ground annual of (insert amount) payable from the lands and others (or subjects) hereinafter described has fallen two years into arrear, and that the defender C.D. by his failure to pay said arrears has forfeited his right in and to the said lands and others (or subjects), and adjudges and declares that the said lands and others (or subjects), that is to say, all and whole (here describe the land or refer to description thereof as in Schedule D to this Act, or as in Schedule G to the M7Titles to Land Consolidation (Scotland) Act, 1868),now belong to the Pursuer A.B., from and after the (insert date of raising of the action or other date fixed by the Court), together with the rents,, maills, and duties of the said lands and others (or subjects) current and unpaid at that date, (and if there are any conditions, reservations, provisions, obligations, servitudes, or other burdens which affect the land or any part thereof and have entered the Register of Sasines prior to the constitution of the ground annual, and which are proper to be inserted or referred to, here insert the same at length or refer thereto as in Schedule H annexed to the M8Conveyancing (Scotland) Act, 1874);and grants warrant to record an extract of this decree in the Register of Sasines.

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Marginal Citations

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, [F26no 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).

[F27+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)

F27Sch. 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))

Sections 3, 28, 29, 30, 31.

SCHEDULE LS Premonition by Debtor or Proprietor desiring to redeem a Heritable Security

Form No. 1S

To A.B. (insert name and last known address of person to whom notice is given).

Take notice that at the term of (state term and year) C.D. (name debtor or proprietor) will repay the principal sum of (insert sum) and all interest thereon due under a bond and disposition in security (or other security) granted by the said C.D. [or by E.F. (original debtor)] in your favour [or in favour of G.H. (original creditor)], dated (insert date) and recorded in (specify Register of Sasines and date of recording).

Dated this day of

(To be signed by the debtor, or proprietor, or by his Agent, who will add his designation and the wordsAgent of the said C.D.)

Form No. 2S

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Modifications etc. (not altering text)

C7Form No. 2 applied with modification by Conveyancing Amendment (Scotland) Act 1938 (c. 24), s. 9(2)

I, A.B. above named, hereby acknowledge receipt of the foregoing Premonition (or of the Premonition of which the foregoing is a copy).

Dated this day of

Form No. 3S

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Modifications etc. (not altering text)

C8Form No. 3 applied with modification by Conveyancing Amendment (Scotland) Act 1938 (c. 24), s. 9(2)

Premonition, of which the foregoing is a copy, was posted (or otherwise as the case may be) to A.B. above named on the day of

(To be signed by the debtor, or proprietor, or by his Agent, who will add his designation and the wordsAgent of the said C.D. and if posted the postal receipt to be attached).

Form No. 4S Form of Certificate where Land has been Redeemed of a Heritable Security but Discharge cannot be obtained

1, A.B. (designation), notary public (or law agent), hereby certify that C.D. (designation), proprietor (or as the case may be), of the lands and others (or subjects) contained in the bond and disposition in security (or other heritable security) after mentioned [or that X.Y. (designation), the debtor in the bond and disposition in security (or other heritable security) after mentioned] represented to me that on the (insert date) he caused to be consigned in the (specify bank or branch of bank in which the money was consigned) the sum of (insert amount consigned) being the cumulo amount (or the balance) of the principal sum, interest and expenses (or as the case may be) due (or remaining due) under the said bond and disposition in security (or other heritable security) conform to deposit receipt dated (insert date) by the said bank for said amount in the name of E.F. (designation), the creditor in (or now in right of) the said bond and disposition in security (or other heritable security) [if he is only a partial creditor sayto the extent of (insert amount)], which consignation was made in virtue of the power of redemption reserved in the bond and disposition in security for the sum of (insert amount) granted by the said C.D. [or by G.H. (design original debtor)] in favour of the said E.F. [or in favour of J.K. (design original creditor)] dated (insert date) and [adding if such be the case instrument of sasine or notarial instrument (or along with notice of title) thereon and if such instrument or notice is not in favour of the original creditor specifying the name and designation of the person in whose favour it is conceived] recorded in (specify Register of Sasines and date of recording); [If E.F. is not the original creditor but has a recorded title insert Which bond and disposition in security (adding if necessaryto the extent aforesaid or as the case may be) is now vested in the said E.F. (or other person holding the last recorded title giving his name and designation) whose title thereto is recorded in the said Register of Sasines) or as the case may be, and give date of recording), and if E.F. is the successor of the person having such last recorded title specify E.F.’s right as successor to him]; And I further certify that such consignation was rendered necessary by the refusal of the said E.F. to receive the sum so consigned [or by the refusal (or incapacity) of the said E.F. to grant a valid discharge of the said bond and disposition in security (or other heritable security) orby the absence (or death) of the said E.F. or as the case may be, stating the reason why a valid discharge could not be obtained] notwithstanding that the requisite premonition was duly given, and that the said deposit receipt for the sum so consigned was presented to me.

[F28Testing clause+]A.B.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F28Words in Sch. L Form No. 4 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 35 (with ss. 9(3)(5)(7), 13, 14(3))

[F28+Note—Subscription of the document by the notary public or law agent on behalf of 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).]

Section 32.

SCHEDULE MS Notice calling up Bond

Form No. 1S

To A.B. (insert name and last known address of person to whom notice is given.).

Take notice that C.D. (name creditor) requires payment of the principal sum of (insert sum) with interest thereon at the rate of per centum per annum from the day of due under a Bond and Disposition in Security by you [or by E.F. (original debtor)] in favour of the said C.D. [or of G.H. (original creditor) of which the said C.D. is now in right], dated (insert date) and recorded in (specify Register of Sasines, and date of recording): And that failing full payment of the said principal sum, interest and expenses within three months after this demand the lands and others (orsubjects) held in security may be sold.

Dated this day of (date of giving notice personally or of posting same).

(To be signed by the creditor, or by his Agent, who will add his designation and the words Agent of the said C.D.)

Form No. 2S

I, A.B. above named, hereby acknowledge receipt of the foregoing notice (or of the notice of which the foregoing is a copy), and I agree to the period of notice being dispensed with (or shortened to ). Dated this day of

Form No. 3S

Notice of which the foregoing is a copy was posted (or otherwise, as the case may be) to A.B. above named on the day of .

(To be signed by the creditor, or by his Agent, who will add his designation and the words agent of the said C.D., and if posted the postal receipt to be attached.)

Section 34.

SCHEDULE NS Certificate as to Surplus (if any), or no Surplus, where Land is sold under a Heritable Security

I,A.B. (insert designation), notary public (orlaw agent) with reference to the sale of the lands and others (orsubjects) contained in the bond and disposition in security (or other heritable security) aftermentioned, which sale took place at (insert place) upon the (insert date) at the instance ofC.D. (insert designation) in virtue of the power of sale contained in a bond and disposition in security (or other heritable security) for the sum of (insert amount) granted byE.F. (design original debtor) in favour of the saidC.D. [orin favour ofG.H. (design original creditor)] dated (insert date) and [adding if such be the caseinstrument of sasineornotarial instrument (oralong with notice of title) thereon,and if such instrument or notice is not in favour of the original creditor, specify the name and designation of the person in whose favour it is conceived] recorded in [specify Register of Sasines, and date of recording; adding if such be the caseTo which bond and disposition in security (or other heritable security),adding if necessaryto the extent of (insert amount), the saidC.D. acquired right by succession (ortransmissionor as the case may be)]. Do hereby certify that there has been submitted to me a statement of the intromissions of the saidC.D., with the price of said land subscribed by the saidC.D. [orbyJ.K. (insert designation) agent of the saidC.D. on his behalf] from which it appears that no surplus remains for consignation in terms of section 122 of the M9Titles to Land Consolidated (Scotland) Act, 1868 [or where such surplus remains sayfrom which it appears that a surplus of (insert amount) remains for consignation in terms of section 122 of the Titles to Land Consolidation (Scotland) Act, 1868, and I further certify that such surplus has been so consigned in (specify bank or branch of bank in which the money was consigned) conform to deposit receipt dated (insert date) by said bank for said amount in the joint names of the saidC.D. and ofL.M. (insert designation of the purchaser of said land), which deposit receipt has been presented to me.].

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

[F29Testing clause+]A.B.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F29Words in Sch. N substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 36 (with ss. 9(3)(5)(7), 13, 14(3))

[+Note—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).]

[F30SCHEDULE O]S Form of Memorandum to be recorded in the Register of Sasines

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Memorandum with regard to the subjects after described:

With reference to the subjects (describe particularly or by reference) T. the trustee in the sequestration of B. has obtained a vesting order under section 98 of the M10Bankruptcy (Scotland) Act 1913 dated (insert date of order).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

The memorandum should be signed by the trustee or his law agent, dated, and recorded with a warrant of registration in the appropriate division or divisions of the Register of Sasines.

The form may be adapted in the case of a lease thus:—

Memorandum with regard to the lease after-mentioned:

With reference to the lease granted by C in favour of D of the subjects therein described lying in the county of K, dated (insert date), and recorded in [specify Register of Sasines and date of recording], T. the trustee &c.

and in the case of a heritable security thus:—

Memorandum with regard to the bond and disposition in security after-mentioned:

With reference to the bond and disposition in security for the sum of (insert sum) granted by E in favour of F dated (insert date) and recorded in (specify Register of Sasines and date of recording), T. the trustee &c.

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