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Titles to Land Consolidation (Scotland) Act 1868

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Changes over time for: Section 9

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Version Superseded: 28/11/2004

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Point in time view as at 01/02/1991. This version of this provision has been superseded. Help about Status

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9 Conditions of entail may, in conveyances of entailed lands, be inserted by reference merely.U.K.

It shall not be necessary, in any conveyance or deed of or relating to lands held under a deed of entail, or of or relating to lands obtained by excambion in exchange for lands held under any deed of entail, or of or relating to lands purchased or acquired for the purpose of being added to any estate held under any deed of entail, or entailed on the heirs and under the conditions specified in any deed of entail, to insert the destination of heirs, or the conditions, provisions, and prohibitory, irritant, and resolutive clauses, or clause authorizing registration in the register of tailzies, contained in any such deed of entail, provided the same shall in such conveyance or deed be specially referred to, as set forth at full length in such deed of entail recorded in the register of tailzies, if the same shall have been so recorded, or as set forth at full length in any conveyance or deed recorded in the appropriate register of sasines and forming part of the progress of title deeds of the said lands held under such deed of entail, such reference being made, as nearly as may be, in the terms set forth in schedule (C.) hereto annexed; and the reference to such destination, or to such conditions, provisions, and prohibitory, irritant, and resolutive clauses, or clause authorizing registration in the register of tailzies, if so made in any such conveyance or deed, whether dated prior or subsequent to the commencement of this Act, shall be equivalent to the full insertion thereof, and shall, to all intents and in all questions whatever, whether inter haeredes or with third parties, have the same legal effect as if the same had been inserted exactly as they are expressed in the recorded deed of entail, conveyance, or deed referred to, notwithstanding any law or practice to the contrary, or any injunction to the contrary contained in such deed of entail, or any enactments or provisions to the contrary contained in the Entail Act 1685, or in any other Act or Acts of the Parliament of Scotland or Great Britain, or of the United Kingdom of Great Britain and Ireland, now in force.

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