Conveyancing (Scotland) Act 1874

61 †Section 11 of Titles to Land Consolidation Act repealed; description of lands contained in recorded deeds may be inserted in subsequent writs by reference merely. Reference already made in recorded deed not challengeable if certain particulars correctly given. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 in all cases where any lands have been particularly described in any conveyance, deed, or instrument of or relating thereto, recorded in the appropriate register of sasines, it shall not be necessary in any subsequent conveyance, deed, or instrument, conveying or referring to the whole or any part of such lands, to repeat the particular description of the lands at length; but it shall be sufficient to specify the name of the county, and where the lands were held by burgage or by any similar tenure prior to the commencement of this Act, the name of the burgh and county in which the lands are situated, and to refer to the particular description of such lands as contained in such prior conveyance, deed, or instrument so recorded in or as nearly as may be in the form set forth in Schedule O. hereto annexed; and the specification and reference so made in any such subsequent conveyance, deed, or instrument, whether dated prior or subsequent to the commencement of this Act, shall be held to be equivalent to the full insertion of the particular description contained in such prior conveyance, deed, or instrument, and shall have the same effect as if the particular description had been inserted in such subsequent conveyance, deed, or instrument exactly as it is contained in such prior conveyance, deed, or instrument; and it shall not be competent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 to object to any specification and reference to any particular description of lands contained in any conveyance, deed, or instrument recorded prior to the commencement of this Act, provided such specification and reference states correctly the name of the county, and where the lands were held by burgage or by any similar tenure prior to the commencement of this Act, the name of the burgh and county in which the lands are situated, and refers correctly to the prior recorded conveyance, deed, or instrument containing the particular description of such lands; and where any conveyance, deed, or instrument recorded prior to the commencement of this Act contains a specification and reference stating these particulars correctly, the specification and reference so made shall be held to have been equivalent to the full insertion of the particular description contained in the prior conveyance, deed, or instrument referred to, as if the particular description had been inserted in such recorded conveyance, deed, or instrument exactly as it is contained in the prior conveyance, deed, or instrument referred to.

Textual Amendments

F1 Words repealed by Statute Law Revision Act 1883 (c. 39)

F2 Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)

Modifications etc. (not altering text)

C1 A dagger appended to a marginal note means that it is no longer accurate

C2 S. 61 excluded by Land Registration (Scotland) Act 1979 (c. 33, SIF 31:3), ss. 15(1), 30(2)

C3 S. 61 extended by Conveyancing (Scotland) Act 1924 (c. 27), s. 8 (1) (2), Land Commission Act 1967 (c. 1), s. 9(5), Countryside (Scotland) Act 1967 (c. 86), ss. 16(4), 38(4) and Town and Country Planning (Scotland) Act 1972 (c. 52), s. 278, Sch. 24 para. 1(2)