Registration of Leases (Scotland) Act 1857

  1. Introductory Text

  2. 1. Long Leases, and assignations thereof, registerable in Register of Sasines.

  3. 2. Recorded leases effectual against singular successors in the lands let.

  4. 3. Assignations of recorded leases.

  5. 4. Assignations in security.

  6. 5. Where Party presenting for Registration not original Lessee or Assignee.

  7. 6. Translation of assignations in security. Creditor’s entry to possession in default of payment.

  8. 7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  9. 8. Heir or disponee may complete title by recording notarial instrument.

  10. 9. Where Assignee has died without recording Assignation, Mode of making up Title.

  11. 10. Adjudgers to complete right by recording abbreviate.

  12. 11. Trustees on sequestrated estate may be entered on register.

  13. 12. Preferences regulated by date of recording transfer.

  14. 13. Renunciations and discharges to be recorded.

  15. 14. Entry of Decree of Reduction.

  16. 15. Mode of registering. Extracts to make faith as writs registered.

  17. 16. Registration equivalent to possession.

  18. 17. Leases, with obligation to renew, registerable.

  19. 18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  20. 19. Extracts registerable where leases recorded in Court of Session or Sheriff Court Books prior to Act.

  21. 20. Clauses in Schedules to be held to import and to have effect as declared by 10 & 11 Vict. c. 50.

  22. 21.This Act may be cited for all purposes as “The...

  23. SCHEDULES

    1. SCHEDULE (A.)

      Form of Assignation of Lease

      1. I, A.B., [designation] in consideration of the sum of now...

      2. [Testing clause.+]

      3. +Note—Subscription of the document by the granter of it will...

    2. SCHEDULE (B.)

      Form of Bond and Assignation in Security

      1. I,A.B., [designation] bind myself, my heirs and executors, without the...

      2. [Testing clause+]

      3. +Note—Subscription of the document by the granter of it will...

    3. SCHEDULE (C.)

      Forms of Notarial Instruments in favour of a Party not the original Grantee.

      1. No. 1.Case of Lease

      2. Be it known, that by lease, dated ,A.B. [designation] let...

      3. [Testing clause.+]

      4. +Note—Subscription of the document by the granter of it will...

      5. *Note.—If the person in whose favour the instrument is taken...

      6. Be it known, that by bond and assignation in security...

      7. *Note.—If the person in whose favour the instrument is taken...

    4. SCHEDULE (D.)

      Form of Translation of Assignation in Security

      1. I, A.B., [designation,] in consideration of the sum of now...

      2. [Testing Clause.+]

      3. +Note—Subscription of the document by the granter of it will...

    5. SCHEDULE (E.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. SCHEDULE (F.)

      Form of Notarial Instrument in Favour of Heir in recorded Lease or Assignation in Security, or of Trustee on Sequestrated Estate.

      1. No. 1.Case of Lease

      2. Be it known, that by lease datedA.B. [designation] let toC.D....

      3. [Testing Clause.+]

      4. +Note—Subscription of the document by the granter of it will...

      5. No. 2.Case of Assignation in Security

      6. Be it known, that by bond and assignation in security,...

    7. SCHEDULE (G.)

      Renunciation of lease

      1. I, A.B. [designation,] renounce as from the term of in...

      2. [Testing Clause. +]

      3. +Note—Subscription of the document by the granter of it will...

    8. SCHEDULE (H.)

      Form of Discharge of Bond and Assignation in Security

      1. I, A.B., [designation,] in consideration of the sum of now...

      2. [Testing Clause.+]

      3. +Note—Subscription of the document by the granter of it will...

      4. * Note.—If granter not original creditor name and design original...