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Entail Amendment (Scotland) Act 1868

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Entail Amendment (Scotland) Act 1868, Section 3 is up to date with all changes known to be in force on or before 21 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation


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3 Power to grant feus, building leases, &c.E+W+S+N.I.

It shall be lawful for any heir in possession of an entailed estate, notwithstanding any prohibitions of limitations in the deed of entail or in any Act of Parliament, in the manner and subject to the conditions herein-after mentioned, to grant leases for the purpose of building for any number of years not exceeding ninety-nine years, or feus of any part of such estate (but reserving the minerals therein and the right of working the same), except the garden, orchards, policies, or inclosures adjacent to or in connexion with the manor place, in so far as such garden, orchards, policies, or inclosures are necessary to the amenity of the manor place, or, if the estate be held by burgage tenure, to dispone any part thereof, reserving and excepting as aforesaid, subject to a ground annual: Provided always, that the feu duty, rent, or ground annual to be stipulated for shall not be less than the amount ascertained as herein-after provided: Provided also, that it shall not be lawful for such heir to take any grassum or fine or valuable consideration other than the feu duty, rent, or ground annual for granting any such charter, lease, or disposition; and in case any such grassum, fine, or consideration shall be taken, such charter, lease, or disposition shall be null and void; but nothing herein contained shall prevent any heir of entail in possession from exercising any power of granting feu charters, leases, or other grants which may be contained in the entail under which he possesses, more extensive than the powers hereby conferred.

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