Lands Clauses Consolidation (Scotland) Act 1845

Conveyances U.K.

And with respect to the conveyances of lands, be it enacted as follows:

80 Form of conveyances. U.K.

Feus and conveyances of lands so to be purchased as aforesaid may be according to the form of the schedules (A.) and (B.) respectively to this Act annexed, or as near thereto as the circumstances of the case will admit; which feus and conveyances, being duly executed, and being registered in the particular register of sasines kept for the county, burgh, or district in which the lands are locally situated, or in the general register of sasines for Scotland kept at Edinburgh, within sixty days from the last date thereof, which the respective keepers of the said registers are hereby authorized and required to do, shall give and constitute a good and undoubted right and complete and valid feudal title in all time coming to the promoters of the undertaking, and their successors and assigns, to the premises therein described, any law or custom to the contrary notwithstanding: Provided always, that it shall not be necessary for the promoters of the undertaking to record to any register of sasines any feus or conveyances in their favour which shall contain a procuratory of resignation or precept of sasine, or which may be completed by infeftment; and the title of the company under such last-mentioned feus or conveyances shall be regulated by the ordinary law of Scotland, until the said feus or conveyances, or the instruments of sasine thereon, shall have been recorded in a register of sasines.

Modifications etc. (not altering text)

C1 S. 80 extended by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), s. 278, Sch. 24 para. 37

81 Expences of conveyances. U.K.

The expences of all conveyances of lands shall be borne by the promoters of the undertaking; and such expences shall include all charges and expences, incurred on the part as well of the seller as of the purchaser, of all conveyances of any such lands, and of any interest therein, and of establishing the title to such lands, and all other reasonable expences incident to the investigation of such title.

Modifications etc. (not altering text)

C2 S. 81 amended by Town and Country Planning (Scotland) Act 1959 (c. 70), s. 48

82 Taxation of expences of conveyances U.K.

If the promoters of the undertaking and the party entitled to any such expences shall not agree as to the amount thereof, such amount shall be ascertained and decerned for by the lord ordinary, on a summary petition presented to him by the party entitled to recover the same; and the promoters of the undertaking shall pay to the party entitled thereto what the said lord ordinary shall decree for or in respect of such expences, or in default thereof the same may be recovered in the same way as any other expences payable under an order or decree of the court, or the same may be recovered by poinding and sale in the manner herein-before provided in other cases of expences; and the expence of taxing such expences shall be borne by the promoters of the undertaking, unless upon such taxation one sixth part of the amount of such expences shall be disallowed, in which case the expences of such taxation, and of or incident to the application to the lord ordinary, shall be borne by the party whose expences to the lord ordinary, shall be borne by the party whose expences shall be so taxed, and the amount thereof shall be ascertained by the said lord ordinary, and deducted by him accordingly in his judgment or decerniture.