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Conveyancing (Scotland) Act 1874

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This is the original version (as it was originally enacted).

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

The proprietors of and all others having any estate in land held burgage shall have the same right and interest in such estate as would have belonged to them under this Act or otherwise had the tenure been feu instead of burgage, and there shall not after the commencement of this Act be any distinction between estates in land held burgage and estates in land held feu, in so far as regards the conveyances relating thereto, or the completion of titles, or any of the matters or things to which the provisions of this Act relate ; and the proprietors of estates in land which were held burgage shall be entitled to grant feus of the same in the same manner and to the like effect as if such estates in land had been held by feudal tenure ; and the titles of all such feus granted before the commencement of this Act shall be unchallengeable on the grounds that such feus are of land held by burgage tenure, or that such titles have been recorded in the burgh register of sasines. Writs affecting land which immediately prior to the commencement of this Act was held burgage shall be recorded in the burgh register of sasines. The provisions of this section in regard to land held by ordinary burgage tenure shall be applicable also to lands in the burgh of Paisley held by the peculiar tenure of booking, except that writs affecting land in said burgh held by the tenure of booking shall be recorded in the register of booking therein.

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