Conveyancing (Scotland) Act 1924
| Year | 1924 |
Conveyancing (Scotland) Act, 1924
(14 & 15 Geo. 5.) CHAPTER 27.
An Act to amend the Law of Conveyancing in Scotland.
[1st August 1924]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Short title, extent and commencement of Act.
(1) This Act may be cited as the Conveyancing (Scotland) Act, 1924 .
(2) This Act shall, except where otherwise provided, come into operation on the first day of January, nineteen hundred and twenty-five.
(3) This Act shall apply to Scotland only.
2 Interpretation clause.
2. The words and expressions after mentioned or referred to shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction (that is to say):—
(1) The words and expressions used in this Act and in the schedules annexed to this Act which are interpreted in the Titles to Land Consolidation (Scotland) Act, 1868 , and the Conveyancing (Scotland) Act, 1874 , shall have the meaning assigned thereto respectively by these Acts, subject to the following qualifications:—
(a ) ‘Land’ or ‘lands’ shall not include ‘securities’;
(b ) ‘Heritable securities’ and ‘securities’ shall include real burdens and securities by way of ground annual, which either appear in the appropriate Register of Sasines as a burden on the land out of which they are payable or are contained in a deed the recording of which in such Register on behalf of the original creditor would infeft him therein and in the land out of which the same are payable, or either of them, and securities over a lease, but shall not include securities constituted by ex facie absolute disposition; and
(c ) ‘Conveyance’ and ‘deed’ and ‘instrument’ shall include all deeds, notices of title, decrees, petitions and writings specified in this Act; and these words and the words ‘writing,’‘writ’ and ‘decree’ occurring in the said Acts and in this Act shall each mean and include an extract or office copy of such ‘conveyance,’‘deed,’‘instrument,’‘writing,’‘writ’ or ‘decree’:
(2) ‘Extract’ and ‘office copy’ shall each mean and include a duly authenticated extract of any act, decree or warrant of the Lords of Council and Session, or any inferior court, or a duly authenticated extract or office copy from the Register of the Great Seal, or from the Books of Council and Session, or of any sheriff court, or of any other public authentic register of probative writs, or from the appropriate Register of Sasines, of any conveyance, deed, instrument, writing, writ or decree, and shall also mean and include a probate of the will or testamentary settlement of a person deceased issued by any court of probate in England or Northern Ireland, or in any part of His Majesty's Dominions, or an exemplification of such probate:
(3) ‘Deduction of title’ shall mean the specification in a deed, decree or instrument of the writ or series of writs (without narration of the contents thereof) by which the person granting such deed or in whose favour such decree is conceived or by whom such instrument is expede, has acquired right from the person from whom such title is deduced, and such specification shall be a compliance with an instruction to ‘deduce’ a title in terms of this Act:
(4) ‘Adjudication’ shall include adjudication whether for debt or in implement, and constitution and adjudication whether for debt or in implement, and declarator and adjudication:
(5) ‘Lease’ shall mean a lease which has been registered or is registrable in the Register of Sasines in virtue of the Registration of Leases (Scotland) Act, 1857 , and Acts amending the same:
(6) ‘Law agent’ shall mean and include writers to the signet, solicitors in the supreme courts, procurators in any sheriff court, and every person entitled to practise as an agent in a court of law in Scotland:
(7) ‘Agent’ in the Schedules hereto shall mean law agent or notary public:
(8) ‘Register of Sasines’ shall mean and include the General Register of Sasines, the Particular Registers of Sasines now discontinued, the Register of Sasines kept for any royal or other burgh and the Register of Booking in the burgh of Paisley.
3 Disposition, &c. by person uninfeft.
3. If a disposition of land, or an assignation, discharge or deed of restriction of a heritable security duly recorded in the appropriate Register of Sasines, or of any part of such security, is granted by a person having a right to such land, or to such heritable security, or such part thereof, but whose title to such land or heritable security or part thereof has not been completed by being so recorded, and who in such disposition or other deed deduces his title from the person last infeft or having the last recorded title, in or as nearly as may be in the terms of Form No. 1 of Schedule A to this Act in the case of land, or in or as nearly as may be in manner prescribed in Note 2 to Schedule K to this Act in the case of a heritable security, then on such disposition or other deed being recorded in the appropriate Register of Sasines, the title of the grantee thereof shall be in all respects in the same position as if his title were completed as at the date of such recording by notarial instrument duly expede and recorded according to the present law and practice; and the provisions of section one hundred and forty-six of the Titles to Land Consolidation (Scotland) Act, 1868, shall apply to such disposition.
4 Completion of title.
4. Any person having right either to land or to a heritable security by a title which has not been completed by being recorded in the appropriate Register of Sasines, may complete his title in manner following:—
(1) A person having such right to land may complete a title thereto by recording in the appropriate Register of Sasines a notice of title in or as nearly as may be in the terms of Form No. 1 of Schedule B to this Act, in which notice of title such person shall deduce his title from the person last infeft:
(2) When the writ forming the immediate connection with the person last infeft is an unrecorded conveyance, deed or decree, the recording of which in the appropriate Register of Sasines on behalf of the person in whose favour the same is conceived would have completed his title by infeftment, the person having such right to the land therein contained or part thereof may complete a title thereto by recording in the appropriate Register of Sasines such conveyance, deed or decree, docqueted in manner prescribed in Note 7 to Schedule B to this Act, along with a notice of title in or as nearly as may be in the terms of Form No. 2 of that Schedule, in which notice of title such person shall deduce his title from the person in whose favour such conveyance, deed or decree is conceived:
(3) A person having such right to a heritable security, or part thereof, which appears in the appropriate Register of Sasines as a burden on land, may complete a title thereto by recording in the appropriate Register of Sasines a notice of title in or as nearly as may be in the terms of Form No. 3 of Schedule B to this Act, or in the case of a ground-annual in or as nearly as may be in the terms of Form No. 4 of that Schedule, in which notice of title such person shall deduce his title from the person last infeft in such heritable security or holding the last recorded title thereto:
(4) A person having such right to an unrecorded heritable security or part thereof contained in a deed the recording of which in the appropriate Register of Sasines on behalf of the original creditor would have infeft him therein and in the land out of which it is payable, or either of them, but which has not been so recorded, may complete a title thereto by recording in the appropriate Register of Sasines such heritable security, which shall be docqueted in manner prescribed in Note 7 to Schedule B to this Act, along with a notice of title in or as nearly as may be in the terms of Form No. 5 of that Schedule, or in the case of a ground-annual in or as nearly as may be in the terms of Form No. 6 of that Schedule, in which notice of title such person shall deduce his title from the original creditor in such heritable security.
And on such notice of title being recorded as in this section provided, the title of the person on whose behalf it is recorded shall be in all respects in the same position as if his title were completed as at the date of such recording by notarial instrument in the appropriate form duly expede and recorded according to the present law and practice.
5 Deduction of title.
(1) In a deduction of title in terms of this Act it shall be competent to specify as a...
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