Land Registration (Scotland) Act 1979

15 Simplification of deeds relating to registered interests. S

(1) Land in respect of which an interest has been registered shall be sufficiently described in any deed relating to that interest if it is described by reference to the number of the title sheet of that interest, and accordingly, section 13 of and Schedule G to the M1 Titles to Land Consolidation (Scotland) Act 1868, section 61 of the M2 Conveyancing (Scotland) Act 1874, sections 8 and 24(2) of and Schedules D and J to the M3 Conveyancing (Scotland) Act 1924 and Note 1 of Schedule 2 to the M4 Conveyancing and Feudal Reform (Scotland) Act 1970 (sufficiency of description by reference) shall not apply to such a deed.

(2) It shall not be necessary in any deed relating to a registered interest in land to insert or refer to any real burden, condition, provision or other matter affecting that interest if that real burden, condition, provision or other matter has been entered in the title sheet of that interest under section 6(1)(e) of this Act, and, accordingly, in such a case—

(a) sections 10 and 146 of and Schedule D to the M5 Titles to Land Consolidation (Scotland) Act 1868, in section 32 of the M6 Conveyancing (Scotland) Act 1874, the words from the beginning to “shall be sufficient” and in section 9 of the M7 Conveyancing (Scotland) Act 1924, the proviso to subsection (1), subsections (3) and (4) and Schedule E to the said Act of 1924 (importation of burdens etc. by reference) shall not apply to such a deed; and

(b) such a deed shall import for all purposes a full insertion of the real burden, condition, provision or other matter.

(3) It shall not be necessary in any deed relating to a registered interest in land, being a deed referred to in section 3 of the M8 Conveyancing (Scotland) Act 1924 or section 12 of the M9 Conveyancing and Feudal Reform (Scotland) Act 1970 (dispositions etc. by persons uninfeft), to deduce title, if evidence of sufficient midcouples or links between the uninfeft proprietor and the person last infeft are produced to the Keeper on registration in respect of that interest inland and, accordingly, in such a case, section 5 of and Form 1 of Schedule A and Note 2 of Schedule K to the said Act of 1924 and Notes 2 and 3(b) of Schedule 2 to the M10 Conveyancing and Feudal Reform (Scotland) Act 1970 (further provisions to deduction of title) as well as the said section 3 and the said section 12, shall not apply to such a deed, which shall be as valid as if it had contained a clause of deduction of title.

(4) It shall not be necessary, in connection with any deed relating to a registered interest in land, to include an assignation of any obligation or right of relief or to narrate the series of writs by which the grantor of the deed became entitled to enforce that obligation or exercise that right if the obligation or right has been entered in the title sheet of that interest and, accordingly, in such a case—

(a) section 50 of and Schedule M to the M11 Conveyancing (Scotland) Act 1874 (form and effect of assigning right of relief or other right affecting land) shall not apply to such a deed; and

(b) such a deed shall for all purposes import a valid and complete assignation of that obligation or right.

Marginal Citations

M1 1868 c. 101.

M2 1874 c. 94.

M3 1924 c. 27.

M4 1970 c. 35.

M5 1868 c. 101.

M6 1874 c. 94.

M7 1924 c. 27.

M8 1924 c. 27.

M9 1970 c. 35.

M10 1970 c. 35.

M11 1874 c. 94.