PART 3

CIVIL PROCEDURE
CHAPTER 1

SHERIFF COURT

Execution of deeds relating to heritage

Power of sheriff to order sheriff clerk to execute deed relating to heritage
87
1
This section applies where—
a
an action relating to heritable property is before a sheriff, or
b
it appears to a sheriff that an order under this section is necessary to implement a decree of a sheriff relating to heritable property.
2
The sheriff may make an order such as is mentioned in subsection (4)—
a
on an application by the grantee of any deed relating to the heritable property, and
b
if satisfied as to the matters mentioned in subsection (3).
3
The matters are that the grantor of any deed relating to the heritable property—
a
cannot be found,
b
refuses to execute the deed,
c
is unable, or otherwise fails, to execute the deed.
4
The order is one—
a
dispensing with the execution of the deed by the grantor, and
b
directing the sheriff clerk to execute the deed.
5
A deed executed by the sheriff clerk in accordance with a direction in an order under this section has the same force and effect as if it had been executed by the grantor.
6
In this section—
- “grantor”, in relation to a deed relating to the heritable property, means a person who is under an obligation to execute the deed,
- “grantee” means the person to whom that obligation is owed.