Titles to Land Consolidation (Scotland) Act 1868

10 Real burdens may be referred to as already in the register of sasines. U.K.

Where lands are or shall hereafter be held under any real burdens or conditions or provisions or limitations whatsoever appointed to be fully inserted in the investitures of such lands, it shall, notwithstanding such appointment, and notwithstanding any law or practice to the contrary, not be necessary in any conveyance or deed of or relating to such lands to insert such real burdens or conditions or provisions or limitations, provided the same shall in such conveyance or deed be specially referred to as set forth at full length in the conveyance or deed of or relating to such lands recorded in the appropriate register of sasines wherein the same were first inserted, or in any such conveyance or deed of subsequent date recorded as aforesaid, and forming part of the progress of titles of the said lands, such reference being made in the terms or as nearly as may be in the terms set forth in schedule (D.) hereto annexed; and the reference to such real burdens or conditions or provisions or limitations if so made in any such conveyance or deed, whether dated prior or subsequent to the commencement of this Act, shall be held to be equivalent to the full insertion thereof, and shall, to all intents and in all questions whatever, whether with the disponer or superior or third parties, have the same legal effect as if the same had been inserted exactly as they are expressed in the recorded conveyance or deed referred to, notwithstanding any law or practice or Act or Acts of Parliament to the contrary.

Modifications etc. (not altering text)

C1 S. 10 excluded by Land Registration (Scotland) Act 1979 (c. 33), s. 15(2)(a)