Land Registration (Scotland) Act 1979

16 Omission of certain clauses in deeds

(1) It shall not be necessary to insert in any deed executed after the commencement of this Act which conveys an interest in land a clause of assignation of writs and any such deed shall, unless specially qualified, import an assignation to the grantee of the title deeds and searches and all deeds not duly recorded, and shall—

(a) impose on the grantor or any successor an obligation—

(i) to deliver to the grantee all title deeds and searches relating exclusively to the interest conveyed ;

(ii) to make forthcoming to the grantee and his successors at his or their expense on all necessary occasions any title deeds and searches which remain in the possession of the grantor or any successor and which relate partly to the interest conveyed ; and

(b) import an assignation to the grantee by the grantor of his right to require any person having custody thereof to exhibit or deliver any title deeds and searches remaining undelivered; and

(c) impose on the grantee or any successor an obligation to make forthcoming on all necessary occasions to any party having an interest therein any deeds and searches which have been delivered to the grantee but which relate partly to interests other than the interest conveyed to the grantee.

(2) It shall not be necessary to insert in any deed executed after the commencement of this Act which grants land in feu a clause of assignation of writs, and any such deed shall, unless specially qualified, import an assignation to the grantee of the title deeds and searches to the effect of maintaining and defending the right of the grantee in the feu ; and the superior shall be held to be obliged for that purpose to make the title deeds and searches forthcoming to the grantee on all necessary occasions at the latter's expense.

(3) It shall not be necessary to insert in any deed conveying an interest in land executed after the commencement of this Act a clause of assignation of rents or a clause of obligation of relief, and any such deed so executed shall, unless specially qualified, import—

(a) an assignation of the rents payable—

(i) in the case of backhand rents, at the legal terms following the date of entry, and

(ii) in the case of forehand rents, at the conventional terms following that date ;

(b) an obligation on the grantor to relieve the grantee of all feuduties, ground annuals, annuities and public, parochial and local burdens exigible in respect of the interest prior to the date of entry and, in the case of a grant of land in feu, of all feuduties payable by the grantor to his superiors from and after the date of entry.