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Conveyancing (Scotland) Act 1874


This is the original version (as it was originally enacted).

  1. Introductory Text

  2. 1.Short title

  3. 2.Commencement of Act

  4. 3.Interpretation

  5. 4.Renewal of investiture abolished. Infeftment to imply entry with superior. Implied entry not to affect rights of superiors to feu-duties, &c. Action in lieu of a declarator of non-entry

  6. 5.Compositions payable by corporations or trustees or persons having separate interests

  7. 6.Consolidation of superiority with property

  8. 7.Consolidation not to affect or extend superior's rights

  9. 8.Memorandum of allocation of feu-duty

  10. 9.Estates to vest in heirs without service

  11. 10.Completion of title when deceased heir not served. Petition to be proceeded with as if it were a petition for special service

  12. 11.Error in character in which heir entered not to affect entry

  13. 12.Heir not liable beyond value of estate. May renounce

  14. 13.Right of any person to succession as heir may be challenged within twenty years

  15. 14.Legal remedies to prevent entry preserved

  16. 15.Redemption of casualties

  17. 16.Casualties redeemed to be discharged

  18. 17.Option to superior of payment of an annual sum

  19. 18.Entails not to bar redemption

  20. 19.Redemption of casualties by a mid-superior

  21. 20.Commutation of carriages and services by agreement; or by sheriff

  22. 21.Commuted value to be feu-duty. Not barred by entails

  23. 22.Monopolies of superior's agents annulled

  24. 23.In absence of express condition, no casualties in feus created after commencement of Act. Increase or reduction of feu-duty or periodical additional payment may be stipulated

  25. 24."Where feu rights stipulating or inferring casualties are contracted to be granted

  26. 25.Distinction between burgage and feu abolished. Registration of writs in burgh register. Provisions for lands in Paisley held by booking tenure

  27. 26.Form of conveyances

  28. 27.The word "dispone " unnecessary

  29. 28.Date of entry

  30. 29.General dispositions forming links of series of titles not objectionable on certain grounds

  31. 30.Conveyances and discharges of real burdens. Real burdens effectual in competition from date of recording; mode of completing title to real burdens

  32. 31.A general service to be equivalent to a general disposition

  33. 32.Reservations, conditions, and covenants affecting lands may be imported by reference

  34. 33.All writs before being recorded to have warrants of registration

  35. 34.Title and period of prescription

  36. 35.Registration of a decree of division

  37. 36.Effect of decree of sale of glebe

  38. 37.Distinction between heritage and conquest abolished

  39. 38.Certain rules as to probative deeds altered

  40. 39.Deed not to be invalid because improbative

  41. 40.Holograph testamentary writings

  42. 41.One notary or justice of the peace and two witnesses to be sufficient where party cannot write

  43. 42.Inhibitions to prescribe in five years. But may be registered anew

  44. 43.Completion of title of heir of last trustee

  45. 44.Provisions for the case of a person appointed by the court to administer a trust

  46. 45.How title shall be completed when the holder of an office or proprietor is ex officio a trustee and his successor in office takes the trust

  47. 46.Trustees or executors may complete title where no direct conveyance of lands to them

  48. 47.Securities upon land, and relative personal obligations, shall transmit against heirs and disponees

  49. 48.Provisions for disencumbering lands sold under heritable securities when no surplus emerges

  50. 49.Provision for disencumbering lands of heritable security

  51. 50.Form and effect of assigning right of relief or other right affecting land

  52. 51.Probate equivalent to will or extract for completing title

  53. 52.Decrees of service unchallengeable on certain grounds

  54. 53.Form of completing title to heritable securities under a general disposition

  55. 54.Recorded deed or instrument unchallengeable on certain grounds

  56. 55.Section 118 of the Bankruptcy Act of 1856 repealed

  57. 56.Form of executing deeds by companies under the Acts of 1862 and 1867

  58. 57.Certain offices abolished, and the duties of the sheriff of Chancery, &c. enlarged

  59. 58.Provisions as-to Chancery office

  60. 59.Act shall apply to lands held of the Crown and Prince

  61. 60.Title to private estates of Her Majesty in Scotland

  62. 61.Section 11 of Titles to Land Consolidation Act repealed Description of lands contained in recorded deeds may be inserted in subsequent writs by reference merely. Reference already made in recorded deed not challengeable if certain particulars correctly gi

  63. 62.Section 62 of the Titles to Land Consolidation Act, 1868, and section 4 of the Titles to Land Consolidation Amendment Act, 1869, repealed. Effect of a decree of adjudication or sale

  64. 63.Section 125 of Titles to Land Consolidation Act, 1868, repealed Completion of title of executors nominate, or disponee or legatee of an heritable security, or of heir where executors excluded

  65. 64.Section 127 of last-recited Act repealed. Executor nominate or disponee mortis causa may complete title by notarial instrument

  66. 65.Section 129 of last-recited. Act repealed. Adjudgers may complete their title by recording abbreviate or extract decree of adjudication

  67. 66.Schedules to be part of Act

  68. 67.Repeal of Acts, &c

  69. 68.Saving clause

    1. Schedule A

      Form of Notice to be given to a Superior of Change of Ownership

      1. (Place and date)

    2. Schedule B

      Form of Summons of Declarator and for Payment of a Casualty

    3. Schedule C

      Form of Minute for effecting Consolidation of Lands

    4. Schedule D

      Form of Memorandum of Allocation of Feu-duty. The proportion of the original feu-duty of £_______ allocated upon the lands within disponed [or as the case may he], is hereby fixed at £ ______, [and if an augmentation has been stipulated for, add] with £ ________of augmentation, making a total of £

    5. Schedule E

      Form of Petition for completing a Title to Lands where a Proprietor or Proprietors having only a personal Right have intervened between the Proprietor last infeft and the Petitioner

    6. Schedule F

      Form of Discharge of Casualties

    7. Schedule G

      Form of Memorandum constituting a Feu-Duty or additional. Feu-Duty

    8. Schedule H

      Form of Reference to a Deed, Instrument, or Writing for Reservations, Burdens, and Conditions affecting Lands

    9. Schedule I

      Form of Docquet where Granter of Deed cannot write

    10. Schedule J

      Form of Memorandum recording an Inhibition of New

    11. Schedule K

      Form of Minute to be presented in Bill Chamber of Court of Session, or in Sheriff Court, for Warrant to charge an Heir or Disponee under a personal Obligation by his Ancestor or Author

    12. Schedule L

      No. 1

    13. Schedule M

      Form of Assignation of Right of Relief, &c

    14. Schedule N

      Form of Instrument in favour of a General Disponee or his Assignee in right of an Heritable Security

    15. Schedule O

      Clause op Reference to particular Description of Lands contained in a prior Conveyance, Deed, or Instrument

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