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Conveyancing (Scotland) Act 1924

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Conveyancing (Scotland) Act 1924 is up to date with all changes known to be in force on or before 04 December 2020. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. 1.†Short title, extent and commencement of Act.

  3. 2. Interpretation clause.

  4. 3. Disposition, &c. by person uninfeft.

  5. 4. Completion of title: General Register of Sasines

  6. 4A.Completion of title: Land Register

  7. 4B.Further provision as regards completion of title

  8. 5. Deduction of title.

  9. 6. Notice of title equivalent to notarial instrument.

  10. 7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  11. 8. Description by reference and short reference to deed bearing more than one date.

  12. 9. Amendment of law as to reference to conditions of title.

  13. 10. Warrants of registration.

  14. 11. Consolidation of superiority and property.

  15. 12. Abolition and commutation of grain, &c. feu-duties.

  16. 13. Allocation of feu-duty.

  17. 14. Abolition of real warrandice.

  18. 15. Transmission of personal obligation.

  19. 16,17.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  20. 18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  21. 19. Applicability of forms prescribed by Act.

  22. 20. Ratification by married woman.

  23. 21. Terce and courtesy.

  24. 22. Assimilation of law as regards legitim and jus relictæ, &c.

  25. 23. Ground-annuals.

  26. 24. Registered leases. Assimilation of forms.

  27. 25. Form of bond and disposition in security.

  28. 26. Heritable creditors’ remedies for recovery of feu-duties and ground-annuals.

  29. 27. Restriction of agent’s lien.

  30. 28. Assignation of bond and disposition in security.

  31. 29. Discharge of bond and disposition in security.

  32. 30. Restriction of bond and disposition in security.

  33. 31. Description of lands and deduction of title unnecessary in certain deeds relating to heritable securities.

  34. 32. Redemption of bond and disposition in security. Notice and procedure and evidence of service.

  35. 33. Notice calling up bond and disposition in security.

  36. 34. Service of notice.

  37. 35. Power to dispense with or shorten induciæ.

  38. 36. Advertisement.

  39. 37. Contents of advertisement.

  40. 38. Periods during which, and newspapers in which, advertisement required.

  41. 39. Where exposure to sale to take place.

  42. 40. Exposure in lots and apportionment of feu-duty.

  43. 41. Purchasers protected.

  44. 42. Mode of disburdening land sold under power of sale in heritable security.

  45. 43. Act to apply to all heritable securities.

  46. 44. General Register of Inhibitions and Register of Adjudications to be combined; limitation of effect of entries therein.

  47. 45. Provision for termination of perpetual trusts of moveables.

  48. 46. Extract decree of reduction to be recorded.

  49. 46A.Further provision as regards decree of reduction

  50. 47. Re-recording of deeds relative to leasehold subjects.

  51. 48. Duplicate plans may be retained with Register.

  52. 49. Saving clause.

  53. 49A.Power of the Scottish Ministers to prescribe forms

  54. SCHEDULES

    1. SCHEDULE A

      1. Form No. 1 CLAUSE OF DEDUCTION OF TITLE IN A DISPOSITION OF LAND WHERE THE GRANTER DOES NOT HAVE A RECORDED TITLE

      2. Note to Form No. 1 of Schedule A

      3. Form No. 2 Clause transmitting Personal Obligation in a Heritable Security in a Disposition of Land

    2. SCHEDULE B

      Forms of notice of title: Register of Sasines

      1. Form No. 1 On behalf of a Person who has Right to Land by a Title which has not been recorded in the appropriate Register of Sasines and which is not to be recorded along with the Notice of Title.

      2. Form No. 2 On behalf of a Person who has Right to Land conveyed by an Unrecorded Special Conveyance which is to be recorded along with the Notice of Title.

        1. Be it known that A.B. (designation) has right as proprietor...

        2. Testing clause+

      3. Form No. 3 On behalf of a Person who has Right to a recorded Heritable Security by a Title which has not been recorded in the appropriate Register of Sasines and which is not to be recorded along with the Notice of Title.

      4. Form No. 4 ...

        1. ...

      5. Form No. 5 On behalf of a Person who has Right to an unrecorded Heritable Security which is to be recorded along with the Notice of Title.

        1. Be it known that A.B. (designation) has right (adding if...

        2. Testing clause+

      6. Form No. 6 ...

      7. Notes to Schedule B

    3. SCHEDULE BA

      Form of notice of title: Land Register

    4. SCHEDULE C

      1. . . . . . . . . . ....

    5. SCHEDULE D

      Clause of Reference to a Description of Land contained in a prior Conveyance, Deed, or Instrument

      1. All and whole the lands and others (or subjects) in...

      2. Notes to Schedule D

        1. Note 1.—In referring to a Deed containing a particular description...

        2. Note 2.—Where it is desired to insert a short description...

        3. Note 3.—If part only of the land or subjects described...

        4. Note 4.—If several lands or subjects are described in the...

    6. SCHEDULE E

      1. . . . . . . . . . ....

    7. SCHEDULE F

      1. Register on behalf of the within named A.B. [oron behalf...

      2. A.B.

      3. or C.D., W.S. Edinburgh, agent.

      4. or E. & F., W.S. Edinburgh, agents.

      5. (or as the be).

      6. Notes to Schedule F

        1. . . . . . . . . . ....

    8. SCHEDULE G

      1. . . . . . . . . . ....

    9. SCHEDULE H

      1. . . . . . . . . . ....

    10. SCHEDULE I

    11. SCHEDULE J

      Registrable Leases

      1. A lease (or tack) granted by E.F. (designation) in my...

      2. Notes to Schedule J

        1. Note 1.—If the recording of a lease in the appropriate...

        2. Note 2.—Where any deed authorised by this Act relates to...

        3. Note 3.—Where the granter of an assignation of a recorded...

        4. Note 4.—In an assignation or renunciation of a recorded lease...

        5. Note 5.—Where a title to an unrecorded lease is being...

    12. SCHEDULE K

      1. Form No. 1

        1. . . . . . . . . . ....

      2. Form No. 2

        1. . . . . . . . . . ....

      3. Form No. 3

        1. . . . . . . . . . ....

      4. Form No. 4

        1. . . . . . . . . . ....

      5. Form No. 5

        1. . . . . . . . . . ....

      6. Form No. 6

        1. . . . . . . . . . ....

      7. Form No. 7

        1. . . . . . . . . . ....

      8. Form No. 8

        1. . . . . . . . . . ....

      9. Notes to Schedule K

        1. . . . . . . . . . ....

    13. SCHEDULE L

      1. Form No. 1

        1. . . . . . . . . . ....

      2. Form No. 2

        1. . . . . . . . . . ....

      3. Form No. 3

        1. . . . . . . . . . ....

      4. Form No. 4

        1. . . . . . . . . . ....

    14. SCHEDULE M

      1. Form No. 1

        1. . . . . . . . . . ....

      2. Form No. 2

        1. . . . . . . . . . ....

      3. Form No. 3

        1. . . . . . . . . . ....

    15. SCHEDULE N

      1. . . . . . . . . . ....

    16. SCHEDULE O

      Form of Memorandum to be recorded in the Register of Sasines

      1. Memorandum with regard to the subjects after described:

      2. With reference to the subjects (describe particularly or by reference)...

      3. The memorandum should be signed by the trustee or his...

      4. The form may be adapted in the case of a...

      5. Memorandum with regard to the lease after-mentioned:

      6. With reference to the lease granted by C in favour...

      7. and in the case of a heritable security thus:—

      8. Memorandum with regard to the bond and disposition in security...

      9. With reference to the bond and disposition in security for...

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