Registration of Leases (Scotland) Act 1857

SCHEDULES

SCHEDULE (A) U.K. Form of Assignation of Lease

I, A.B., [designation] in consideration of the sum of now paid to me, [or otherwise, as the case may be,] assign to C.D. [designation] a lease, dated , and recorded in the Register of Sasines at , of date , granted by E.F. [designation] in my favour [or if not in assigner’s favour, name and design granted], of [shortly mention subjects] in the parish of and county of . . . F1 [but (where the lease is assigned in part only) in so far only as regards the following portion of the subjects leased; viz. (specify particularly the portion),] with entry as at (term of entry). And [where sub-lease] I assign the rents from [term]; and I grant warrandice; and I bind myself to free and relieve the said C.D. of all rents and burdens due to the landlord or others at and prior to the term of entry in respect of said lease; and I consent to registration for preservation and execution.

Textual Amendments

F1 Word inserted by Registration of Leases (Scotland) Amendment Act 1877 (c. 36), s. 1

[Testing clause.[F2 +]]

Textual Amendments

F2 Words in Sch. (A) substituted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 12 (with ss. 9(3)(5)(7), 13, 14(3))

[F2 +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

SCHEDULE (B) U.K. Form of Bond and Assignation in Security

I,A.B., [designation] bind myself, my heirs and executors, without the necessity of discussing them in their order, to make payment, at the term of [date and place of payment]. to C.D. [designations] or his heirs, executors, or assignees, of the sum of , being money borrowed by me from him, [or as a provision to the said C.D ., or of the yearly annuity of during his lifetime, as the case may be,] with the interest of the said capital sum at the rate of per cent. per annum, payable by equal portions half-yearly at Whitsunday and Martinmas, beginning the first payment at . And, in security of the personal obligation before written, I assign to the said C.D. and his foresaids, heritably but redeemably, as after mentioned, yet irredeemably in the event of a sale by virtue hereof, a lease of [shortly mention subjects leased] in the parish of and county of , which lease was granted by E.F., [designation,] of date , and recorded [insert register, with date of recording], . . . F3 ; [but (where only a portion of the subjects are assigned) in so far only as regards the following portion of the subjects leased; viz. (specify particularly the portion)]. And I assign the rents; and I assign the writs; and I grant warrandice; and I reserve power of redemption; and I oblige myself and my foresaids for the expenses of assigning and discharging this security; and, on default of payment, I grant power of sale; and I consent to registration for preservation and execution.

Textual Amendments

F3 Word inserted by Registration of Leases (Scotland) Amendment Act 1877 (c. 36), s. 1

[Testing clause[F4 +]]

Textual Amendments

F4 Words in Sch. (B.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))

[F4 +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

SCHEDULE (C) U.K. Forms of Notarial Instruments in favour of a Party not the original Grantee.

F5 ...

Textual Amendments

F5 Sch. (C.) repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 6(5), 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F5 ...

SCHEDULE (D) U.K. Form of Translation of Assignation in Security

I, A.B., [designation,] in consideration of the sum of now paid to me [or as the case may be], assign and transfer to C.D. [designation] a bond and assignation in security for the principal sum of [or as the case may be], granted by E.F. [designation] in my favour, [ or, if not in granter’s favour, name and design the party in whose favour granted,] dated and recorded [register and date of recording] of and over a lease granted by G.H. [designation] of [shortly describe subjects leased], in the parish of , and county of , which lease is dated , and is recorded in the said register of date . . . F6 , [but (where the translation is partial) only to the extent of (insert sum), and to the effect of giving pari passu preference to the said C.D. over the said lease with me, my heirs and assigns, as regards the remainder of the said principal sum and corresponding interest], with the interest from [date].

Textual Amendments

F6 Words repealed by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 47, Sch. 11 Pt. I

[Testing Clause.[F7 +]]

Textual Amendments

F7 Words in Sch. (D.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))

[F7 +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

SCHEDULE (E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 S. 7, Sch. (E.) repealed with saving by Succession (Scotland) Act 1964 (c. 41), s. 34(2), Sch. 3

SCHEDULE (F) U.K. Form of Notarial Instrument in Favour of Heir in recorded Lease or Assignation in Security, or of Trustee on Sequestrated Estate.

F9 ...

Textual Amendments

F9 Sch. (F.) repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 6(5), 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F9 ....

SCHEDULE (G) U.K. Renunciation of lease

Modifications etc. (not altering text)

C1 Sch. (G.) amended by Conveyancing (Scotland) Act 1924 (c. 27), s. 24(5)

I, A.B. [designation,] renounce as from the term of in favour of C.D. [designation] a lease granted by the said C.D. [or as the case may be] of [shortly set forth subjects] in the parish of and county of , which lease is dated and recorded [register, and date of recording,] . . . F10 .

Textual Amendments

F10 Word inserted by Registration of Leases (Scotland) Amendment Act 1877 (c. 36), s. 1

[Testing Clause. [F11 +]]

Textual Amendments

F11 Words in Sch. (G.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))

[F11 +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

SCHEDULE (H) U.K. Form of Discharge of Bond and Assignation in Security

I, A.B., [designation,] in consideration of the sum of now paid to me by C.D. [designation,] discharge a bond and assignation in security for the sum of ,granted by the said C.D. in my favour [or as the case may be*], and which is dated and recorded in the [register, and date of recording]; and I declare to be disburdened thereof a lease granted by E.F. [designation] of [shortly mention subjects leased] in the parish of and county of ,which lease is dated and recorded [register, and date of recording].

[Testing Clause.[F12 +]]

Textual Amendments

F12 Words in Sch. (H.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))

[F12 +Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

* Note.—If granter not original creditor [F13 name and design original creditor]

Textual Amendments

F13 Words substituted by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 para. 7