- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Titles to Land Consolidation (Scotland) Act 1868 is up to date with all changes known to be in force on or before 27 August 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
5. In conveyances of land, etc. not held burgage, certain clauses may be inserted in the short forms given in Schedule (B.) No. 1.
7. In conveyances of burgage property certain clauses may be inserted in the forms given in Schedule (B.) No. 2.
9. Conditions of entail may, in conveyances of entailed lands, be inserted by reference merely.
10. Real burdens may be referred to as already in the register of sasines.
11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. Several lands conveyed by the same deed may be comprehended under one general name.
15. Instrument of sasine no longer necessary, but conveyance may be recorded instead.
16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17. Not necessary to record the whole conveyance or discharge.
18. Instrument of resignation ad remanentiam unnecessary, but in place thereof conveyance in favour of superior may be recorded.
20. De praesenti words, or words of style, unnecessary in mortis causa deeds.
21. Trustee or executor to apply lands for purposes of trust or will.
22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23. Notarial instruments in favour of parties acquiring rights to unrecorded conveyances.
24. Mode of completing title by a judicial factor on a trust estate, &c.
26. Heritable property conveyed for religious or educational purposes to vest in disponees or their successors.
26A. Application for declarator of succession as heir in general or to specified lands
26B. Application for declarator of succession as heir to last surviving trustee under a trust
28. Petition to be presented to the Sheriff of the county or to the Sheriff of Chancery.
32. Petition of service to be equivalent to a brieve and claim.
33. Procedure before the Sheriff, and the effect of his judgment.
35. Competing petition may be presented, and Sheriff, after receiving evidence, give judgment.
37. The extract decree to be equivalent to an extract retour.
39.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40. No person entitled to oppose a service who could not appear against a brieve of inquest.
42. Where Sheriff refuses to serve petitioner, &c., judgment may be reviewed.
43. Procedure when a decree of service is brought under reduction.
45. The Court of Session Act 1868, to apply to appeals and reductions, &c. under this Act.
46. A decree of special service, besides operating as a retour, shall have the operation and effect of a disposition from the deceased to his heirs and assignees.
47. A special service not to infer a general representation, either active or passive.
48. Petitioner for special service may petition for general service.
49.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54, 55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56, 57.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59. Unnecessary to libel and conclude for decree of special adjudication.
60, 61.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64. Crown writs to be obtained by lodging a draft thereof and note along with the title deeds.
67.†Intimation of proposed rectification to be made to solicitor for Commissioners of Woods and Forests.
68. Presenter of signatures, &c. may refer to copy of writ when withheld.
72. If no objections, the revised draft to be attested, and the Crown writ prepared.
74. Objections, if any, to draft Crown writ to be by a note.
83.†Crown writs and Crown charters may be in the forms given in Schedule (T.).
84—86.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
88.†Crown charters or writs of novodamus, how to be obtained.
93. Power to Prince and Steward of Scotland to appoint his own presentor of signatures, &c.
96. Substitute to be appointed to Sheriff of Chancery, &c. in event of absence or disability.
100. All writs and charters from subject superior may refer tenendas and reddendo.
104. Where subject superior’s title incomplete, owner may in certain cases apply to Lord Ordinary on the Bills to ordain superior to complete his title and grant an entry under pain of forfeiture.
105. Owner may in such case apply to Lord Ordinary on Bills to authorize application for an entry by the Crown or mediate over superior as in vice of the recusant superior.
106. Lands to be held temporarily of the Crown or mediate superior.
107. The party in right of the superiority may lodge a minute tendering relinquishment of his right, and if accepted by the petitioner the Lord Ordinary may interpone his authority.
109. Vassal obtaining or accepting forfeiture or relinquishment of superiority to be liable for its value, but forfeiture, &c. not to infer representation.
113. Providing for payment in lieu of casualties of superiority in case of lands conveyed for religious purposes.
114.†Writs of confirmation &c. by subject superiors to be tested.
117.Heritable security in succession of creditor in the security
118. Bonds and dispositions in security may be granted in the form No. 1. of Schedule (FF.)
120. Securities may be registered during lifetime of grantee, or title completed after his death.
121. Sale carried through in terms of this Act to be valid to the purchaser.
122. Creditors selling to count and reckon for the surplus of the price and to consign the same in the bank.
123. On sale, &c. lands to be disencumbered of the security.
126. Completion of title of executors, &c. of creditor dying intestate.
127. Executor nominate or disponee mortis causa may complete title by notarial instrument.
129. Adjudgers may complete their title by recording abbreviate of adjudication.
130. Unregistered security or assignation to be available to executors, &c. of grantee.
132. How any heritable security may be renounced or discharged.
137. Act to apply to lands held by any description of tenure.
138. Short clauses of consent to registration may be used in any deed.
141.†All deeds, &c. recorded in register of sasines to have warrants of registration endorsed, except certain burgage deeds.
142. Recording of conveyances in the register of sasines authorized.
144. Recorded instruments not to be challenged on the ground of erasures.
145. Not competent to challenge existing warrants of registration on certain grounds.
146. Obligations appointed to be inserted in instruments of sasine shall be inserted in notarial instruments.
147. Prohibition against sub-infeudation not to be affected.
150. Debts affecting lands exchanged for other lands to affect such other lands in lieu thereof.
152. Provision for lands in the burgh of Paisley held by booking tenure.
154. Official acts of town clerks and keepers of registers of sasines not to be affected by their personal interests in recorded writs.
157. No inhibition to have effect against acquirenda, unless in case of heir under entail or other indefeasible title.
158. Inhibitions on depending summons to be recalled on petition to Lord Ordinary.
159. Litigiosity not to begin before date of registration of notice of summons.
159A.Registration of notice of summons of action of reduction
161. Judgment of Lord Ordinary on the Bills subject to review of Inner House, and judgments in certain cases to be final.
SCHEDULES referred to in foregoing Act
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