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Conveyancing (Scotland) Act 1874

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This is the original version (as it was originally enacted).

Schedule AForm of Notice to be given to a Superior of Change of Ownership

(Place and date)

Sir,

I hereby intimate to you that(1)has [or have] now right to(2)which lands [or subjects] formerly belonged to(3). I am, Sir,

Your most obedient servant,(4)

(1)

Here state name, designation, and address of the new proprietor or proprietors of the feu.

(2)

Here mention the names by which the lands or subjects are generally known, so as to distinguish them to the superior, but without giving any detailed description of the lands or subjects, and if in a town or village mention the number of the street or otherwise distinguish the feu, and if a reference to the feu right will more easily and clearly distinguish the lands or subjects a reference to the feu right can be given, but the superior shall not be entitled to object either that the name or designation or address of the new proprietor or proprietors of the feu is erroneous, or that the form in which the lands or subjects are referred to is insufficient or erroneous, unless it can be shown that the notice given as to these particulars or any of them was intended to mislead the superior as to the identity of the new proprietor or proprietors of the feu or as to the particular lands or subjects to which the notice should have referred.

(3)

Insert the name of the last entered vassal, whether by actual entry previous to the commencement of this Act or by implied entry under it.

(4)

To be signed (but not attested) by the seller of the feu, or by heir or the trustees or executors of a deceased proprietor, or by any one of the trustees or executors for himself and his co-trustees or co-executors, or by an agent of any of these parties.

To be addressed and posted or delivered to the superior or to his known agent, or to the person to whom the feu-duties of the feu have been paid, and in the event of the superior being unknown or doubtful, the notice to be addressed " to the " superior " of the lands mentioned in the notice without name (in the event of the proprietor being unable to ascertain name of the superior), and to be posted or sent to the keeper of the Office of Edictal Citations in Edinburgh, and published in the register of these citations, and also (where there is doubt as to the superior) to the person or to the agent of the person as to whom such doubt exists.

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