Title Conditions (Scotland) Act 2003

60 Grant of deed where title not completed: requirements S

(1) Subject to subsection (2) below, where an owner who does not have a completed title to land is to grant, as respects a real burden—

(a) a constitutive deed;

(b) a deed of discharge; or

(c) a deed of variation,

then unless the deed is one to which section [F1 101 of the Land Registration etc. (Scotland) Act 2012 (asp 5)] (circumstances where unnecessary to deduce title) applies, it shall be necessary in the deed to deduce title to the land through the midcouples linking the owner to the person who had the last completed title to the land.

(2) Where, under section 33 of this Act, a manager is to grant a deed of variation or discharge, it shall not be necessary to comply with subsection (1) above F2 ....

Textual Amendments

F1 Words in s. 60(1) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 43(5)(a) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F2 Words in s. 60(2) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 43(5)(b) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

Modifications etc. (not altering text)

C1 Ss. 2, 3, 5, 10, 11, 13, 14, 16, 18, 59 to 61, 67, 70 and 105 applied (1.6.2009) by The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 (S.I. 2009/729), art. 5(1)(3)(4)