Conveyancing and Feudal Reform (Scotland) Act 1970

Section 40.

SCHEDULE 9 S Discharge of Heritable Security Constituted by Ex Facie Absolute Conveyance

I, A.B., (designation) hereby acknowledge that [the disposition (or assignation) granted by C.D., (designation) (orby E.F., (designation) with consent of C.D., (designation)) in my favour (orin favour of G.H., (designation of original creditor)) recorded in the Register for ........................ on ........................] [or, where endorsed on the disposition or assignation,the foregoing disposition (or assignation)] [describe security discharged by reference to the parties thereto and to the details of its recording] although in its termsex facieabsolute was truly in security of an advance of £ (ora maximum amount of £in other cases describe as indicated in Note 2 to Schedule 4 to this Act), and that all moneys intended to be secured thereby have been fully paid.

[To be attested]

NOTES TO SCHEDULE 9 S

Note 1.—The discharge may be separate or endorsed on theex facieabsolute disposition or assignation.

Note 2.—Where the grantor of the discharge is not the original creditor, the separate form of discharge shall be used.

Note 3.—Where the grantor of the discharge is not the original creditor but has a recorded title, no specification of the grantor’s title is required. Where the grantor of the discharge is not the original creditor and has not a recorded title, insert at the end of the discharge a clause of deduction of title as follows:

The subjects conveyed by the said disposition(or otherwise, as the case may be)were last vested in the said G.H. as aforesaid(or, where the last recorded title to the subjects was in favour of a person other than the original creditor, sayin J.K. whose title thereto was recorded in the said Register of Sasines on ..................) and from whom I acquired right by(here specify shortly the writ or writs by which right was so acquired).