Titles to Land Consolidation (Scotland) Act 1868

23 Notarial instruments in favour of parties acquiring rights to unrecorded conveyances. U.K.

It shall be competent to any person having right to an unrecorded deed or conveyance originally granted in favour of another person to expede a notarial instrument, in or as nearly as may be in the form of schedule (N.) hereto annexed, setting forth the deed or conveyance and the title or series of titles by which he acquired right to the same, and the nature of his right, and to record the deed or conveyance, with warrant of registration thereon, in the form or as nearly as may be in the form of No. 2. of schedule (H.) hereto annexed, and also the notarial instrument, in the appropriate register of sasines; or where it is not desired to record the whole of the deed or conveyance, it shall be competent to expede a notarial instrument, in or as nearly as may be in the form of schedule (J.) hereto annexed, setting forth generally the nature of the deed or conveyance, and containing those portions of the deed or conveyance by which the lands in regard to which the said instrument is expede are conveyed, and by which real burdens, conditions, provisions, or limitations, if any, are imposed, and also setting forth the title or series of titles by which the party acquired right to the deed or conveyance, and to record such notarial instrument in the appropriate register of sasines; and on the deed or conveyance, with such warrant of registration thereon, and such notarial instrument in the form of the said schedule (N.), or any similar deed or conveyance, with warrant of registration and notarial instrument expede in virtue of any Act of Parliament hereby repealed, being so recorded, or on such notarial instrument in the form of the said schedule (J.), or any similar notarial instrument expede in virtue of any Act of Parliament hereby repealed, being so recorded, the person, in whose favour the deed or conveyance and instrument, or the instrument, have or has been or shall be expede and so recorded shall be in the same position as if the original deed or conveyance had been granted to himself, and, along with a warrant of registration thereon, had been recorded in the manner herein-before provided, of the date of recording the deed or conveyance and notarial instrument, or the notarial instrument.