Conveyancing and Feudal Reform (Scotland) Act 1970

Part IV S Other Conveyancing Reforms

44 F1 Alteration of rules as to probative deeds. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 44 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))

45 Status of sasine extracts. S

An extract, whether issued before or after the commencement of this Act, of a conveyance, deed, instrument or other document bearing to have been recorded in the Register of Sasines shall be accepted for all purposes as sufficient evidence of the contents of the original so recorded and of any matter relating thereto appearing on the extract.

46 Effect of conditions as to pre-emption. S

(1) For the avoidance of doubt, in section 9 of the M1 Conveyance Amendment (Scotland) Act 1938 (which limits the effect of conditions as to pre-emption), subsection (1) shall have effect subject to the following amendments—

(a) by inserting after the words “by the proprietor of the feu” the words “(whether or not that right purports to be exercisable on more than one occasion)”; and

(b) by substituting for the words “intimate his intention to exercise such right of pre-emption” the words “accept the offer.”.

(2) In the said subsection, for the reference to forty days there shall be substituted a reference to twenty-one days.

Modifications etc. (not altering text)

C1 The text of ss. 2(7), 36, 37, 39, 46, 50, 52(2)(3), Sch. 10 paras. 1, 2–4, 5 and Sch. 11 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1938 c. 24.

47 Abolition of requirement to specify granter’s title in certain deeds. S

The provisions of Part I of Schedule 10 and Part I of Schedule 11 to this Act shall apply for the purpose of abolishing the requirement that in certain cases the granter of a deed who has a duly recorded title must specify his title in the deed.

48 Abolition of forms of assignation of unrecorded conveyances, etc., and of completion of title by recording of such assignations. S

The provisions of Part II of Schedule 11 to this Act shall apply for the purpose of repealing certain provisions for the assignation of unrecorded conveyances, deeds and leases and for the completion of title by assignees under such assignations by the recording of the conveyance, deed or lease together with the assignation.