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Erasures in Deeds (Scotland) Act 1836

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Erasures in Deeds (Scotland) Act 1836, Section 1 is up to date with all changes known to be in force on or before 17 October 2019. 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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Commencement Orders bringing legislation that affects this Act into force:

1No challenge of instruments of sasine or resignation ad remanentiam on account of erasures. Certain judgments and titles not to be affected.F2U.K.

No challenge of any instrument of sasine or resignation ad remanentiam shall hereafter receive effect, either by reduction or exception, on the ground that any part of the said instrument is written on an erasure, unless it shall be averred and proved that such erasure had been made for the purpose of fraud, or the record thereof is not conformable to the instrument as presented for registration: . . . F1 Provided also, that nothing herein contained shall extend or be construed to extend to instruments of sasine or resignation and sasine propriis manibus; provided also, that where any feudal title of property or title in security has been completed in order to remedy or supply defects arising from erasures in instruments of sasine, the validity of the said titles shall not be affected by any thing herein contained.

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C1Unreliable marginal note.

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F2Act: repealed (prosp.) by 2000 asp 5, ss. 76(2), 77(2), Sch. 13 Pt. 1 (with ss. 58, 62, 75)

Non-textual amendments applied to the whole Legislation can be found in the Introduction

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