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There are currently no known outstanding effects for the Registration of Leases (Scotland) Act 1857, Section 16.
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(1)The registration of all such leases, assignations, assignations in security, translations, adjudications [F2and writs of acknowledgment] as aforesaid, in manner herein provided, shall complete the right under the same respectively, to the effect of establishing a preference in virtue thereof, as effectually as if the grantee, or party in his right, had entered into the actual possession of the subjects leased under such writs respectively at the date of registration thereof.]
[F3(2) The registration of any such lease or other writ as aforesaid, in manner herein provided, on or after 1st September 1974, shall, without prejudice to the foregoing provisions of this section and to the provisions of section 2 of the M1 Prescription and Limitation (Scotland) Act 1973, complete the right under the same to the effect of establishing in virtue thereof such a preference as aforesaid over the right of any party to any such lease or writ, or of any party in his right, granted after that date and not registered in manner herein provided at the time of the registration of the lease or writ first mentioned. ]
[F4(3)References in subsections (1) and (2) above to registration are not to be construed as including references to registration in the Land Register of Scotland.]
Textual Amendments
F1Words repealed by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), Sch. 11 Pt. III
F2Words in s. 16(1) substituted (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 6(4) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F3S. 16 renumbered as subsection (1) of that section by Land Tenure Reform (Scotland) Act 1974 (c. 38), Sch. 6 para. 3
F4S. 16(3) inserted (S.) (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 2 para. 15 (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
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