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Title Conditions (Scotland) Act 2003

Conveyancing (Scotland) Act 1924.  Section 9, Schedule E.

575.This section, which exempts heritable securities from having to contain burdens and provides a mechanism for other cases where burdens have been omitted, is repealed as a result of section 68 of the Act.

576.Section 40(3), which enables a heritable creditor to create real burdens by using a deed of conditions under section 32 of the Conveyancing (Scotland) Act 1874, is repealed following the repeal of section 32 itself. See also the note to paragraph 3 of schedule 13.

577.The repeal in schedule B is consequential on the repeal by this schedule of section 32 and schedule H of the Conveyancing (Scotland) Act 1874.

578.Schedule O: warrants of registration will in terms of section 5(1) of the 2000 Act no longer be required.

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