PART 3 FEUDUTIES

Arrears

13 Arrears of feuduty etc.

1

Feuduty shall continue to be exigible for any period before the appointed day; and if (in so far as so exigible) it has not fallen due before that day, it shall fall due on that day.

2

On the appointed day feuduty shall cease to constitute a debitum fundi as shall any amount secured, in favour of a superior, by virtue of section 5 of the Land Tenure Reform (Scotland) Act 1974 (c.38) (redemption on transfer of land).

3

The superior’s hypothec is, on the appointed day, abolished.

4

Subsections (2) and (3) above are without prejudice to any—

a

action—

i

founded on a debitum fundi or superior’s hypothec; and

ii

commenced before the appointed day; or

b

right or preference—

i

so founded; and

ii

claimed in a sequestration, or in some other process in which there is ranking, commenced before that day.