Titles to Land Consolidation (Scotland) Act 1868

Form of Assignation of a Bond and Disposition in Security consti tuted by Infeftment U.K.

I, A.B., [name and design cedent,] in consideration of the sum of [insert sum] now paid to me by C.D. [name and design assignee], do hereby assign and dispone, to and in favour ofC.D. and his executors . . . F1 and assignees whomsoever a bond and disposition in security, [or heritable bond,or other security, as the case may be,] dated the [insert the date, and when recorded, addand recorded as after mentioned], for the sum of [insert sum] granted by E.F. [name and design debtor] in my favour, [orin favour of G.H., as the case may be,] with interest from the [insert date], and also all and whole [describe or refer as in Schedule E.) or Schedule(G.), as the case may be, to the lands] (a), all as specified and described in the said bond and disposition in security, and instrument of sasine thereon, [if the bond is recorded omit the words “and instrument of sasine thereon,”] recorded in the [here specify the register of sasines in which the sasine or bond is registered] on the [specify date of registration] (b). [F2 Testing clause+].

Note.—(a) Where the assignation is made under any real burdens, conditions, provisions, or limitations, here insert or refer to them in or as nearly as the circumstances of the case may require in the form of schedule (D.)

(b) If the assignation is granted, not by the original creditor in the security, but by a person to whom the security has already been assigned, or in whom it has become vested by succession or diligence, the conveyance will shortly narrate here the title or series of titles by which the grantor of the conveyance has right to it.

Textual Amendments

F1 Words repealed by Succession (Scotland) Act 1964 (c. 41), s. 37, Sch. 3

F2 Words in Sch.(GG.) substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4, para. 19(a) (with ss. 9(3)(5)(7), 13, 14(3))

[F3 +(c) Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

Textual Amendments

F3 Sch.(GG.) Note (c) inserted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4, para. 19(b) (with ss. 9(3)(5)(7), 13, 14(3))