Sheriff Courts (Scotland) Act 1907

S removing

Action of removing where fixed term of removal S

103 (1) Subject to section 24 of the M1 Agricultural Holdings (Scotland) Act 1949, an action of removing may be raised at any time, provided the tenant has bound himself to remove by writing, dated and signed within 12 months of the term of removal, or, where there is more than one ish, of the ish first in date to remove.

(2) Subject to the said section 24, when the tenant has not so bound himself an action or removing may be raised at any time, but—

(a) in the case of a lease of lands exceeding 2 acres in extent for 3 years and upwards, an interval of not less than one year nor more than 2 years shall elapse between the date of notice of removal and the term of removal first in date;

(b) in the case of a lease of lands exceeding 2 acres in extent, whether written or verbal, held from year to year [F1 or] under tacit relocation, or for any other period less than 3 years, an interval of not less than 6 months shall elapse between the date of notice of removal and the term of removal first in date; and

(c) in the case of houses let with or without land attached not exceeding 2 acres in extent, as also of land not exceeding 2 acres in extent without houses, as also of mills, fishings, shootings, and all other heritable subjects excepting land exceeding 2 acres in extent, and let for a year or more, 40 days at least shall elapse between the date of notice of removal and the term of removal first in date.

(3) In any defended action of removing the sheriff may order the defender to find caution for violent profits.

(4) In actions of declarator of irritancy and removing by a superior against a vassal, the pursuer shall call as parties the last entered vassal and such heritable creditors and holders of postponed ground burdens as are disclosed by a search for 20 years prior to the raising of the action and the expense of the search shall form part of the pursuer’s expenses of process.

Textual Amendments

F1 Word substituted by S.I. 1983/1546, para. 2(a)

Marginal Citations

M1 1949 c.75(2:3).

Form of notice of removal S

104 Notices under sections 34, 35 and 36 of the M2 [F2 Act of 1907] shall be as nearly as may be in terms of Form L as set out in the Appendix to this Schedule, and a letter of removal may be in terms of Form M as set out in the Appendix to this Schedule.

Textual Amendments

F2 Words substituted by S.I. 1983/1546, para. 2(b)

Marginal Citations

M2 1907 c.51(36:3).

Form of notice under section 37 S

105 Notices under section 37 of the [F3 Act of 1907] shall be as nearly as may be in terms of Form N as set out in the Appendix to this Schedule, and such form may be used also for notices to the proprietor by or on behalf of the tenant.

Textual Amendments

F3 Words substituted by S.I. 1983/1546, para. 2(b)

Removal notices S

106 Removal notices under sections 34, 35, 36, 37 and 38 of the [F4 Act of 1907] may be given by a messenger-at-arms or sheriff officer, or by registered letter signed by the person entitled to give such notice, or by the law agent or factor of such person, posted at any post office within the United Kingdom in time to admit of its being delivered at the address thereon on or prior to the last date upon which by law such notice must be given, addressed to the person entitled to receive such notice, and bearing the particular address of such person at the time if the same be known, or, if the same be not known, then to the last known address of such person.

Textual Amendments

F4 Words substituted by S.I. 1983/1546, para. 2(b)

Evidence of notice to remove S

107 (1) A certificate of notice under rule 104 dated and endorsed upon the lease or extract, or upon the letter of removal, and signed by the sheriff officer, messenger-at-arms, or by the person giving the notice, or his law agent, or factor, or an acknowledgement of notice endorsed on the lease or extract of letter of removal by the party in possession or his agent shall be sufficient evidence that notice has been given.

(2) Where there is no lease, a certificate endorsed upon a copy of the notice or letter, certified to be correct, by the person, sheriff officer, messenger-at-arms, law agent, or factor sending the same, which certificate shall be signed by such party sending the notice or letter, shall also be sufficient evidence that notice has been given.

(3) A certificate of notice under rule 105 dated and endorsed upon a copy of the notice or letter signed by the party sending the notice, shall be sufficient evidence that such notice has been given.

Applications under Part II of the Conveyancing and Feudal Reform (Scotland) Act 1970 S

[F5 107A (1) An application or counter-application to the sheriff under Part II of the M3 Conveyancing and Feudal Reform (Scotland) Act 1970 shall be brought—

(a) as an ordinary cause, where any other remedy is craved; or

(b) as a summary application, where no other remedy is craved.

(2) An interlocutor of the sheriff disposing of an application or counter-application under paragraph (1) shall be final and not subject to appeal except as to a question of title or as to any other remedy granted.]

Textual Amendments

F5 Rule 107A inserted (9.4.1990) by S.I. 1990/661, para. 2(3)

Marginal Citations

M3 1970 c.35(31:1).