Conveyancing (Scotland) Act 1874

SCHEDULE A S Form of Notice to be given to a Superior of Change of Ownership

F1 ...

Textual Amendments

F1 Sch. A-C repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 9(20), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

SCHEDULE B S Form of Summons of Declarator and for Payment of a Casualty

F2 ...

Textual Amendments

F2 Sch. A-C repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(20), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

SCHEDULE C S Form of Minute for effecting Consolidation of Lands

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F3 SCHEDULE D S Form of Memorandum of Allocation of Feu-duty

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Textual Amendments

F3 Sch. D repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(20), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F4 F4 SCHEDULE E S

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Textual Amendments

F4 Ss. 9–13, 31, 43, 46, 63, Sch.E repealed with savings by Succession (Scotland) Act 1964 (c. 41), s. 34(2), Sch. 3

F5 SCHEDULE F S Form of Discharge of Casualties

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Textual Amendments

F5 Sch. F repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(20), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F6 SCHEDULE G S Form of Memorandum constituting a Feu-duty or additional Feu-duty

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Textual Amendments

F6 Sch. G repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(20), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F2 SCHEDULE H S Form of Reference to a Deed, Instrument, or Writing for Reservations, Burdens, and Conditions affecting Lands

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F7 SCHEDULE I S

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Textual Amendments

F7 Sch. I repealed (S.) (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))

F8 F8 SCHEDULE J S

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Textual Amendments

F8 S. 42, Sch. J repealed by Conveyancing (Scotland) Act 1924 (c. 27), s. 44(6)

SCHEDULE K S Form of Minute to be presented in Bill Chamber of Court of Session, or in Sheriff Court, for Warrant to charge an Heir or Disponee under a personal Obligation by his Ancestor or Author.

Warrant is craved, in virtue of the Conveyancing (Scotland) Act, 1874, at the instance of A.B. [name and design applicant], the creditor [if he is not the original creditor, or only a partial creditor, add, in virtue of (or to the extent and in virtue of) the assignation (or general disposition and notarial instrument or other writ or writs forming the title in the creditor’s person) in his favour after mentioned [under a bond and disposition in security over the lands of [specify shortly the lands,] for the principal sum of £ with corresponding interest and penalties, granted by C.D. [design him], then proprietor of the said lands, in favour of the said A.B. [or of G.H. (design him)as the case may be], and dated [state date] [and if recorded, say, and recorded in the register of sasines (state register and date of recording), or and instrument of sasine thereon recorded, &c., as the case may be ]; To charge E.F. [design him], the present proprietor of the said lands, and as such the present debtor in the said bond and disposition in security, to make payment to the said A.B. of the said principal sum of £ contained in and due by the said bond and disposition in security [if A.B. is only a partial creditor, say, of the principal sum of £ being the extent to which the said A.B. is in right of the said bond and disposition in security]: And also of the further sum of £ being the amount of the interest due thereon. Produced herewith the said bond and disposition in security [or an extract thereof from the books of council and session from the register of sasines; if the applicant is not the original creditor, the title in his own person to the security will also be stated and produced.]

Dated the day of

(Signed) A.B., W.S., Edinburgh, [or as the case may be].

The Clerk of the Bills, or Sheriff Clerk, as the case may be, will subjoin

Fiat ut petitur.

[To be dated and signed by the Clerk.]

F9 SCHEDULE L S

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Textual Amendments

F9 Sch. L repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(22), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

SCHEDULE M S Form of Assignation of Right of Relief, &c.

Modifications etc. (not altering text)

C1 Sch. M excluded by Land Registration (Scotland) Act 1979 (c. 33, SIF 31:3), ss. 15(4)(a), 30(2)

I [here insert the name and designation of the granter, and the cause of granting, unless the assignation forms part of another deed] hereby assign toC.D. [here insert the designation of the grantee, unless already given], and his heirs and assignees [orand his foresaids], a disposition [or other deed, as the case may be] granted by [here insert the names and designations of the persons by and in whose favour the deed to be assigned was granted, with its date and also the date of registration, and the register in which it is recorded, if it has been recorded], whereby the said [name of the original granter of the disposition or obligation] bound and obliged himself, his heirs and successors [here insert the terms of the obligation in the terms so far as possible of the disposition or other deedF10 ...F10 ...F10 ...F10 ...F10 .... If the right to be assigned was originally granted in favour of some other person than the granter of the assignation, here specify the series of writs by which he acquired right,[F11 Testing clause+]

Textual Amendments

F10 Words in Sch. M repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 9(23), 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F11 Words in Sch. M substituted (S.) (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 23 (with ss. 9(3)(5)(7), 13, 14(3))

+Note—[F12 In the case of a traditional document, subscription of it by the granter] 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[F13 , which also makes provision as regards the authentication of an electronic document]).]

Textual Amendments

F12 Words in Sch. M substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 para. 7(2)(a) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F13 Words in Sch. M inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, Sch. 5 para. 7(2)(b) (with s. 121, Sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F14 SCHEDULE N S Form of Instrument in Favour of a General Disponee or his Assignee in right of an Heritable Security

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Textual Amendments

F14 Sch. N repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(24), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

[X1 F15 SCHEDULE D] S Clause of Reference to a Description of Land contained in a prior Conveyance, Deed, or Instrument

Editorial Information

X1 The Schedules to this Act contain 2 schedules labelled D as a result of a substitution by 1924 (c. 27), s.8(1)

Textual Amendments

F15 Sch. D of Conveyancing (Scotland) Act 1924 (c. 27) substituted retrospectively for Sch. O by s. 8(1) of that Act

All and whole the lands and others (or subjects) in the county of (or in the burgh of and county of as the case may be) described in (refer to the conveyance, deed, or instrument in such terms as shall be sufficient to identify it, and specify the Register of Sasines in which it is recorded and date of recording, or where the conveyance, deed, or instrument referred to is recorded on the same date as the conveyance, deed, or instrument containing the reference substitute for the date of recording the words of even date with the recording of these presents):—

Notes to Schedule D

Note 1.—In referring to a Deed containing a particular description [F16 or to a Deed containing reservations, real burdens, conditions, provisions, limitations, obligations and stipulations affecting lands] it shall be sufficient to give the names of the granter and grantee or of the parties thereto without adding their designations, and when there are several granters or grantees or several parties acting in the same category it shall be sufficient to give the name of the first mentioned person only with the addition of the words and others; and where the granter or granters or grantee or grantees, or the parties or one of the parties thereto acts or act in a fiduciary capacity it shall be sufficient to state such capacity without giving their individual name or names, e.g.:

(a) Feu Charter granted by A.B. in favour of C.D., dated (insert date) and recorded in (specify Register of Sasines and give date of recording).

(b) Disposition granted by C.D. and others in favour of E.F. and others, dated, &c. (as above).

(c) Notarial Instrument (or Notice of title) in favour of the Trustee (or Trustees) of G.H. (or the Judicial Factor of J.K. or the Trustee on the Sequestrated Estates of L.M. or the Liquidator of the N.O. Company Limited, or as the case may be) recorded in (specify Register of Sasines and date of recording).

Textual Amendments

F16 Words inserted by Conveyancing Admendment (Scotland) Act 1938 (c. 24), s. 2(2)

Note 2.—Where it is desired to insert a short description of the land or subjects, this may be done as follows:—All and whole that dwelling-house, number ten, Rosebery Crescent, Edinburgh, (or the eastmost half-flat on the second storey of the tenement entering from number fifteen, Lothian Street, Edinburgh, or otherwise, as the case may be) in the county of Edinburgh, described in, &c. (as above).

Note 3.—If part only of the land or subjects described in a former recorded conveyance, deed, instrument, or notice of title is being conveyed or otherwise dealt with for the first time as a separate subject, such part should be described at length, adding being part of the lands and others (or subjects) in the county of or in the burgh of and county of described in, &c. (as above); or thus: All and Whole the lands and others (or subjects) in the county of or in the burgh of and county of described in, &c. (as above), with the exception of (describe the part excepted).

Note 4.—If several lands or subjects are described in the conveyance, deed, or instrument referred to, and it is intended to specify one or more of them, these may be distinguished from the others thus: All and Whole the lands and others (or subjects) first (or second and third described in, &c. (as above, or otherwise as the case may be).