PART 6MISCELLANEOUS

Miscellaneous

65Creation of proper liferent

1

A proper liferent over land is created—

a

in a case where the right is registrable under section 2 of the Land Registration (Scotland) Act 1979 (c. 33)—

i

(unless the deed granting or reserving the right makes provision for some later date) on registration; or

ii

(where provision is made for such a date and the right has been registered) on that date; or

b

in any other case—

i

(unless the deed granting or reserving the right makes provision for some later date) on recording of the deed in the Register of Sasines; or

ii

(where provision is made for such a date and such deed has been so recorded) on that date.

2

This section is without prejudice to any other enactment, or rule of law, by or under which a proper liferent over land may be created.

3

In subsection (1)(a) above, “registrable” and “registration” have the meanings respectively assigned to those expressions by section 1(3) of the Land Registration (Scotland) Act 1979 (c. 33).

4

The references, in subsection (1)(b) above, to a deed being recorded include references to a notice of title deducing title through a deed being recorded.