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Prescription and Limitation (Scotland) Act 1973

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This is the original version (as it was originally enacted).

5Further provisions supplementary to sections 1, 2 and 3

(1)In sections 1, 2 and 3 of this Act " deed " includes a judicial decree; and for the purposes of the said sections any of the following, namely an instrument of sasine, a notarial instrument and a notice of title, which narrates or declares that a person has a title to an interest in land shall be treated as a deed sufficient to constitute that title in favour of that person.

(2)Where a deed has been at any time ex facie invalid by reason of an informality of execution within the meaning of section 39 of the [1874 c. 94.] Conveyancing (Scotland) Act 1874, but the appropriate court has subsequently declared, in pursuance of that section, that it was subscribed by the granter or maker and the witnesses, the deed shall be deemed for the purposes of the said sections 1, 2 and 3 not to be, and not at any time to have been, ex facie invalid by reason of any such informality of execution.

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