Titles to Land Consolidation (Scotland) Act 1868

1. Introductory Text

2. 1. Short title.

3. 2. Commencement of Act.

4. 3. Interpretation of terms.

5. 4. †Acts specified in Schedule (A.) repealed.

6. 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. 6. Import of clause expressing manner of holding.

8. 7. In conveyances of burgage property certain clauses may be inserted in the forms given in Schedule (B.) No. 2.

9. 8. Import of clauses in schedule (B.) Nos. 1 & 2.

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

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

12. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13. 12. Clause directing part of conveyance to be recorded.

14. 13. Several lands conveyed by the same deed may be comprehended under one general name.

15. 14. Certain clauses in entails no longer necessary.

16. 15. Instrument of sasine no longer necessary, but conveyance may be recorded instead.

17. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18. 17. Not necessary to record the whole conveyance or discharge.

19. 18. Instrument of resignation ad remanentiam unnecessary, but in place thereof conveyance in favour of superior may be recorded.

20. 19. Notarial instruments in favour of general disponees.

21. 20. De praesenti words, or words of style, unnecessary in mortis causa deeds.

22. 21. Trustee or executor to apply lands for purposes of trust or will.

23. 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

25. 24. Mode of completing title by a judicial factor on a trust estate, &c.

26. 25. Deduction of title by liquidator

27. 26. Heritable property conveyed for religious or educational purposes to vest in disponees or their successors.

28. 26A. Application for declarator of succession as heir in general or to specified lands

29. 26B. Application for declarator of succession as heir to last surviving trustee under a trust

30. 26C. Construction of reference to service of heir

31. 27. Services to proceed by petition to the Sheriff.

32. 28. Petition to be presented to the Sheriff of the county or to the Sheriff of Chancery.

33. 29. Nature and form of petition.

34. 30. Service not to proceed till publication be made.

35. 31. Caveats to be received.

36. 32. Petition of service to be equivalent to a brieve and claim.

37. 33. Procedure before the Sheriff, and the effect of his judgment.

38. 34. Case where domicile of party is unknown.

39. 35. Competing petition may be presented, and Sheriff, after receiving evidence, give judgment.

40. 36. Recording and extract of judgment.

41. 37. The extract decree to be equivalent to an extract retour.

42. 38. Transmission of records.

43. 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44. 40. No person entitled to oppose a service who could not appear against a brieve of inquest.

45. 41. Appeal for jury trial.

46. 42. Where Sheriff refuses to serve petitioner, &c., judgment may be reviewed.

47. 43. Procedure when a decree of service is brought under reduction.

48. 44. Forms and effect of procedure in the Court of Session.

49. 45. The Court of Session Act 1868, to apply to appeals and reductions, &c. under this Act.

50. 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.

51. 47. A special service not to infer a general representation, either active or passive.

52. 48. Petitioner for special service may petition for general service.

53. 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54. 50. Jurisdiction of the Sheriff of Chancery.

55. 51. Power to the Court of Session to pass acts of sederunt.

56. 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57. 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58. 54, 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59. 56, 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60. 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61. 59. Unnecessary to libel and conclude for decree of special adjudication.

62. 60, 61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63. 62. Effect of a decree of adjudication or sale.

64. 63. Signatures for Crown writs abolished.

65. 64. Crown writs to be obtained by lodging a draft thereof and note along with the title deeds.

66. 65. Draft Crown writ to be revised.

67. 66. Rectification of mistakes in former titles.

68. 67. †Intimation of proposed rectification to be made to solicitor for Commissioners of Woods and Forests.

69. 68. Presenter of signatures, &c. may refer to copy of writ when withheld.

70. 69. Amount of Crown duties to be fixed.

71. 70. Clerk’s fees.

72. 71. Copy of revised draft to be furnished to the party.

73. 72. If no objections, the revised draft to be attested, and the Crown writ prepared.

74. 73. Crown writs may be applied for at any time.

75. 74. Objections, if any, to draft Crown writ to be by a note.

76. 75. Objections, how to be disposed of.

77. 76. Procedure if objections repelled.

78. 77. Refusal to revise, how to be complained of.

79. 78. Crown writ as revised to be engrossed and delivered.

80. 79. Crown writ to be valid.

81. 80—82.

82. 83. †Crown writs and Crown charters may be in the forms given in Schedule (T.).

83. 84—86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84. 87. Register of Crown writs to be kept.

85. 88. †Crown charters or writs of novodamus, how to be obtained.

86. 89.

87. 90. Writs to be in the English language.

88. 91. Court of Session to frame regulations.

89. 92.

90. 93. Power to Prince and Steward of Scotland to appoint his own presentor of signatures, &c.

91. 94, 95.

92. 96. Substitute to be appointed to Sheriff of Chancery, &c. in event of absence or disability.

93. 97—99.

94. 100. All writs and charters from subject superior may refer tenendas and reddendo.

95. 101—103.

96. 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.

97. 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.

98. 106. Lands to be held temporarily of the Crown or mediate superior.

99. 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.

100. 108. Over superior’s rights not to be extended or affected.

101. 109. Vassal obtaining or accepting forfeiture or relinquishment of superiority to be liable for its value, but forfeiture, &c. not to infer representation.

102. 110. Mode of relinquishing superiorities.

103. 111. Investiture by over superior.

104. 112. Applications of price of entailed superiorities.

105. 113. Providing for payment in lieu of casualties of superiority in case of lands conveyed for religious purposes.

106. 114. †Writs of confirmation &c. by subject superiors to be tested.

107. 115.

108. 116. †Stamp duty on writs of confirmation, &c. 1857 c. 26.

109. 117. Heritable security in succession of creditor in the security

110. 118. Bonds and dispositions in security may be granted in the form No. 1. of Schedule (FF.)

111. 119. Explanation of clauses in Schedule (FF.) No. 1.

112. 120. Securities may be registered during lifetime of grantee, or title completed after his death.

113. 121. Sale carried through in terms of this Act to be valid to the purchaser.

114. 122. Creditors selling to count and reckon for the surplus of the price and to consign the same in the bank.

115. 123. On sale, &c. lands to be disencumbered of the security.

116. 124. Securities to be transferred in the form prescribed.

117. 125.

118. 126. Completion of title of executors, &c. of creditor dying intestate.

119. 127. Executor nominate or disponee mortis causa may complete title by notarial instrument.

120. 128.

121. 129. Adjudgers may complete their title by recording abbreviate of adjudication.

122. 130. Unregistered security or assignation to be available to executors, &c. of grantee.

123. 131. Act not to affect liability of debtors on their lands.

124. 132. How any heritable security may be renounced or discharged.

125. 133. Heritable security how restricted.

126. 134. Act to apply to all heritable securities.

127. 135. Parties may use the present forms if they see fit.

128. 136.

129. 137. Act to apply to lands held by any description of tenure.

130. 138. Short clauses of consent to registration may be used in any deed.

131. 139. Females may act as instrumentary witnesses.

132. 140. Additional sheets may be added to writs.

133. 141. †All deeds, &c. recorded in register of sasines to have warrants of registration endorsed, except certain burgage deeds.

134. 142. Recording of conveyances in the register of sasines authorized.

135. 143. Recording anew

136. 144. Recorded instruments not to be challenged on the ground of erasures.

137. 145. Not competent to challenge existing warrants of registration on certain grounds.

138. 146. Obligations appointed to be inserted in instruments of sasine shall be inserted in notarial instruments.

139. 147. Prohibition against sub-infeudation not to be affected.

140. 148.

141. 149.

142. 150. Debts affecting lands exchanged for other lands to affect such other lands in lieu thereof.

143. 151.

144. 152. Provision for lands in the burgh of Paisley held by booking tenure.

145. 153.

146. 154. Official acts of town clerks and keepers of registers of sasines not to be affected by their personal interests in recorded writs.

147. 155. Date on which inhibition takes effect

148. 156. Short form of letters of inhibition.

149. 157. No inhibition to have effect against acquirenda, unless in case of heir under entail or other indefeasible title.

150. 158. Inhibitions on depending summons to be recalled on petition to Lord Ordinary.

151. 159. Litigiosity not to begin before date of registration of notice of summons.

152. 159A. Registration of notice of summons of action of reduction

153. 159B. Power of the Scottish Ministers to prescribe forms

154. 160.

155. 161. Judgment of Lord Ordinary on the Bills subject to review of Inner House, and judgments in certain cases to be final.

156. 162. Court of Session may fix and regulate fees.

157. 163. Old forms of conveyances may be used.

158. SCHEDULES referred to in foregoing Act

     1. SCHEDULE (A.)

        1. No.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. No. 2. C A P. XXXV.

           1. . . . . . . . . . ....

     2. SCHEDULE (B.)

        1. No. 1

           1. Formal Clauses of a Disposition of Land, etc . . . .

        2. No. 2

           1. Formal Clauses of a Disposition of Land, etc., held Burgage

     3. SCHEDULE (C.)

        1. Clause of Reference to Destinations and Conditions of Entail, etc.

     4. SCHEDULE (D.)

        1. Clause of Reference to Real Burdens, Conditions, &c., in Investiture

     5. SCHEDULE (E.)

     6. SCHEDULE (F.)

        1. No. 1

           1. Clause of Direction specifying Part of Deed which Grantor desires to be recorded

        2. No. 2

     7. SCHEDULE (G.)

        1. Clause of Reference to Conveyance, containing general Designation of Lands.

     8. SCHEDULE (H.)

     9. SCHEDULE (I.)

     10. SCHEDULE (J.)

         1. Notarial Instrument in favour of Disponee or his Assignee, &c.

     11. SCHEDULE (K.)

         1. Instrument of Resignation ad Remanentiam

     12. SCHEDULE (L.)

         1. Notarial Instrument in Favour of a General Disponee, or his Assignee, &c.

     13. SCHEDULE (M.)

     14. SCHEDULE (N.)

         1. Notarial Instrument in favour of an Assignee to an Unrecorded Conveyance, to be recorded along with the Conveyance

     15. SCHEDULE (O.)

         1. Notarial Instrument in favour of a Trustee in a Sequestration or of Liquidators of Joint Stock Companies

     16. SCHEDULE (P.)

         1. Form of Petition of General Service

     17. SCHEDULE (Q.)

         1. Form of Petition of Special Service

     18. SCHEDULE (R.)

     19. SCHEDULE (S.)

     20. SCHEDULE (T.)

         1. No. 1

         2. No. 2

            1. Crown Charter of Resignation

         3. No. 3

         4. No. 4

            1. Crown Charter of Confirmation

     21. SCHEDULE (U.)

     22. SCHEDULE (V.)

     23. SCHEDULE (W.)

     24. SCHEDULE (X.)

         1. No. 1

            1. Petition to the Lord Ordinary for Forfeiture of Superiority where Reddendo does not exceed Five Pounds

         2. No. 2

            1. Interlocutor by Lord Ordinary on above Petition

         3. No. 3

            1. Decree by Lord Ordinary on above Petition

     25. SCHEDULE (Y.)

         1. No. 1

            1. Petition to the Lord Ordinary for Forfeiture of Feu Duties under or above Five Pounds

         2. No. 2

            1. Interlocutor by Lord Ordinary in above Petition

         3. No. 3

            1. Decree by Lord Ordinary in above Petition

         4. No. 4

            1. Finding for Expenses in above Petition

     26. SCHEDULE (Z.)

         1. No. 1

            1. Writ of Confirmation on Decree of Forfeiture in case of Feu Duties above Five Pounds

         2. No. 2

            1. Writ of Resignation on Decree of Forfeiture in case of Feu Duties above Five Pounds

     27. SCHEDULE (AA.)

         1. Nos. 1, 2.

         2. No. 3

            1. Writ of Clare constat proceedings on a Decree of Forfeiture or Relinquishment

     28. SCHEDULE (BB.)

         1. No. 1

            1. Form of Minute of Relinquishment of Superiority by Apparent Heir

         2. No. 2

            1. Minute of Acceptance of above Relinquishment

         3. No. 3

            1. Decree of Lord Ordinary following on the above Minutes

     29. SCHEDULE (CC.)

         1. No. 1

            1. Deed of Relinquishment of Superiority

         2. No. 2

            1. Acceptance by Vassal written on Deed of Relinquishment

         3. No. 3

            1. Crown Writ of Investiture written on Deed of Relinquishment

     30. SCHEDULES (DD.), (EE.)

     31. SCHEDULE (FF.)

         1. No. 1

            1. Form of a Bond and Disposition in Security

         2. No. 2

            1. Form of Schedule of Intimation, Requisition, and Protest

         3. No.3

            1. Certificate by Notary on Copy of foregoing Schedule

     32. SCHEDULE (GG.)

         1. Form of Assignation of a Bond and Disposition in Security consti tuted by Infeftment

     33. SCHEDULE (HH.)

         1. Form of Instrument in favour of an Assignee to an Heritable Security following on a Deed granted for further Purposes or Objects.

     34. SCHEDULE (II.)

     35. SCHEDULE (JJ.)

         1. Form of Instrument in favour of an Executor or Heir of a Creditor who died intestate in right of an Heritable Security

     36. SCHEDULE (KK.)

         1. Form of Instrument in favour of the Executors or Executor nominate, or of the Disponee or Legatee of a Creditor in right of an Heritable Security

     37. SCHEDULE (LL.)

         1. Form of Instrument in favour of a Trustee on a sequestrated Estate, or of Liquidators of a Joint Stock Company in right of an Heritable Security

     38. SCHEDULE (MM.)

         1. Form of Instrument of an Unrecorded Bond and Disposition in Security, or Unrecorded Assignation in Favour of the Executor or Disponee, or Assignee, or Legatee, or Heir of the Creditor

     39. SCHEDULE (NN.)

         1. Form of Discharge of Bond and Disposition in Security, &c.

     40. SCHEDULE (OO.)

         1. Form of Deed of Restriction of an Heritable Security

     41. SCHEDULE (PP.)

         1. Notice of Inhibition

     42. SCHEDULE (QQ.)

     43. SCHEDULE (RR.)

         1. Notice of Summons of Reduction, Adjudication, &c.