Section 24.
I, A.B. (design creditor), in consideration of the sum of (insert sum), paid to me by C.D. (designation), hereby assign to the said C.D. a bond and disposition in security for the sum of (insert sum) granted by E.F. (design original debtor) in my favour [or in favour of G.H. (design original creditor)], dated (insert date), and recorded in [specify Register of Sasines and date of recording; adding if necessary but only to the extent of (insert sum) of principal]; With interest from (insert date).
[F1Testing clause+]
Textual Amendments
F1Words in Sch. K Form No. 1 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))
I, A.B. (design creditor), in consideration of the sum of (insert sum) paid to me by C.D. (designation) hereby assign to the said C.D. a ground annual of (insert amount) exigible yearly at (state term or date of payment) in each year [or in equal portions half-yearly at (state terms or dates of payment) in each year, or otherwise, as the case may be; and if there be any duplications or other casual payments add with duplication every nineteenth year (or otherwise as the case may be) from and after (state the term or date from which the current duplication or other casual payment is running)] constituted by a contract of ground annual (or other deed by which the ground annual was constituted, giving the names and designations of the parties thereto, or of the granter and grantee) recorded in [specify Register of Sasines and date of recording; and if any duplications or other casual payments have been redeemed and commuted into an additional annual payment say,and also the additional ground annual of (insert sum) exigible at the same term (or date) in each year (or as the case may be) in lieu and commutation of casual payments; adding, if necessary,but only to the extent of (insert sum or respective sums)] payable out of all and whole (here describe the land or refer to description thereof as in Schedule D to this Act or as in Schedule G to the M1Titles to Land Consolidation (Scotland) Act, 1868);With right to the said ground annual (orground annual and others) from and after (insert date).
Marginal Citations
[F2Testing clause+]
Textual Amendments
F2Words in Sch. K Form No. 2 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))
I, A.B. (design creditor), in consideration of the sum of (insert sum) paid to me by C.D. (designation), hereby discharge a bond and disposition in security for the sum of (insert sum) granted by the said C.D. [or by E.F. (design original debtor)] in my favour [or in favour of G.H. (design original creditor)] dated (insert date) and recorded in [specify Register of Sasines and date of recording; adding, if necessary,but only to the extent of (insert sum) of principal].
[F3Testing clause+]
Textual Amendments
F3Words in Sch. K Form No. 3 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))
I, A.B. (design creditor), in consideration of the sum of (insert sum) paid to me by C.D. (designation), hereby discharge the ground annual of (insert amount, and if there be any duplications or other casual payments addwith duplications every nineteenth year or otherwise, as the case may be), constituted by a contract of ground annual (or other deed by which the ground annual was constituted, giving the name and designations of the parties thereto, or of the granter and grantee) recorded in [specify Register of Sasines and date of recording; and if any duplications or other casual payments have been redeemed and commuted into an additional annual payment sayand also the additional ground annual of (insert sum) constituted in lieu and commutation of casual payments;adding, if necessary, but only to the extent of (insert sum or respective sums)] payable out of all and whole (here describe the land or refer to description thereof as in Schedule D to this Act, or as in Schedule G to the M2Titles to Land Consolidation (Scotland) Act, 1868).
Marginal Citations
[F4Testing clause+]
Textual Amendments
F4Words in Sch. K Form No. 4 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))
I, A.B. (design creditor), in consideration of (specify consideration, if any), hereby disburden of a bond and disposition in security for the sum of (insert sum) granted by C.D. (design original debtor) in my favour [or in favour of G.H. (design original creditor)], dated (insert date) and recorded in [specify Register of Sasines and date of recording, adding, if necessary,but only to the extent of (insert sum) of principal], all and whole (describe the land disburdened, or refer to description thereof as in Schedule D to this Act or as in Schedule G to the Titles to Land Consolidation (Scotland) Act, 1868).
[F5Testing clause+]
Textual Amendments
F5Words in Sch. K Form No. 5 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))
I, A.B. (design creditor), in consideration of the sum of (insert sum) paid to me by C.D. (designation), discharge a bond and disposition in security for the sum of (insert sum) granted by the said C.D. [or by E.F. (design original debtor)] in my favour [or in favour of G.H. (design original creditor)] dated (insert date) and recorded in (specify Register of Sasines and date of recording) but only to the extent of (insert sum) of principal; And I disburden of the said bond and disposition in security [adding if necessary but only to the extent of (insert sum) of principal] all and whole (describe the land disburdened, or refer to description thereof as in Schedule D to this Act or as in Schedule G to the Titles to Land Consolidation (Scotland) Act, M31868).
Marginal Citations
[F6Testing clause+]
Textual Amendments
F6Words in Sch. K Form No. 6 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))
I, A.B. (design creditor), in consideration of (specify consideration, if any), hereby disburden of the ground annual of (insert amount, and if there be any duplications or other casual payments add with duplications every nineteenth year or otherwise as the case may be) constituted by a contract of ground annual (or other deed by which the ground annual was constituted, giving the names and designations of the parties thereto, or of the granter and grantee) recorded in [specify Register of Sasines and date of recording; and if any duplications or other casual payments have been redeemed or commuted into an additional payment sayand also of the additional ground annual of (insert sum) constituted in lieu and commutation of casual payments, adding, if necessary, but only to the extent of (insert sum or respective sums)] all and whole (here describe the land disburdened or refer to description thereof as in Schedule D to this Act, or as in Schedule G to the Titles to Land Consolidation (Scotland) Act, 1868); which lands are part of all and whole (describe the lands out of which the ground annual is payable or refer to description thereof as above) being the lands and others (or subjects) out of which the said ground annual is (or the said ground annual and others are) payable.
[F7Testing clause+]
Textual Amendments
F7Words in Sch. K Form No. 7 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(a) (with ss. 9(3)(5)(7), 13, 14(3))
Having resumed consideration of the said petition (or action) finds and declares that the ground annual of (insert amount) payable from the lands and others (or subjects) hereinafter described has fallen two years into arrear, and that the defender C.D. by his failure to pay said arrears has forfeited his right in and to the said lands and others (or subjects), and adjudges and declares that the said lands and others (or subjects), that is to say, all and whole (here describe the land or refer to description thereof as in Schedule D to this Act, or as in Schedule G to the M4Titles to Land Consolidation (Scotland) Act, 1868),now belong to the Pursuer A.B., from and after the (insert date of raising of the action or other date fixed by the Court), together with the rents,, maills, and duties of the said lands and others (or subjects) current and unpaid at that date, (and if there are any conditions, reservations, provisions, obligations, servitudes, or other burdens which affect the land or any part thereof and have entered the Register of Sasines prior to the constitution of the ground annual, and which are proper to be inserted or referred to, here insert the same at length or refer thereto as in Schedule H annexed to the M5Conveyancing (Scotland) Act, 1874);and grants warrant to record an extract of this decree in the Register of Sasines.
Modifications etc. (not altering text)
C1Note 2 of Schedule K excluded by Land Registration (Scotland) Act 1979 (c. 33, SIF 31:3), s. 15(3)
Note. 1.—If the original infeftment upon a bond and disposition in security or other heritable security has been taken otherwise than by recording the same in the appropriate Register of Sasines, add immediately after the mention of the date of such bond and disposition in security or other deedand instrument of sasine(ornotarial instrument, or if such be the caseand along with notice of title)thereon(adding if such instrument or notice is not in favour of the original creditor the name and designation of the person in whose favour it is conceived)recorded in(specify Register of Sasines and date of recording).
Note 2.—Where the granter of an assignation, discharge or deed of restriction of a bond and disposition in security is not the original creditor, but has a recorded title, [F8no specification of the granter’s title is required; or if such granter has not a recorded title, insert at the end of the deedWhich bond and disposition in security(adding, if necessary,to the extent aforesaidor as the case may be)]was last vested in the said(give name of original creditor)as aforesaid[or if he was not the person having the last recorded title, saywas last vested(adding, if necessary,to the extent aforesaid, or as the case may be)in J.K. (design person having last recorded title)whose title thereto was recorded in said Register of Sasines(or as the case may be, and give date of recording)],and from whom I acquired right(adding, if necessary,to the extent aforesaidor as the case may be)by(here specify the writ or series of writs by which right was so acquired). In the case of an assignation, discharge or deed of restriction of a ground annual or other real burden the same course will be followed except that the wordsground annualorreal burdenshall be substituted for the wordsbond and disposition in security.
Textual Amendments
F8Words substituted by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), Sch. 10 para. 3
Note 3.—If part of the security subjects has already been disburdened there may be inserted in an assignation after the specification of the bond assigned a reference to the previous partial discharge or deed or restriction.
Note 4.—In adapting Forms Nos. 1, 3 and 5 of this schedule to real burdens for capital sums there shall be substituted for the specification of the bond and disposition in security the following:—A real burden for the sum of(insert sum)payable in terms of(specify deed under which the real burden was reserved or constituted, giving the names and designations of the granter and grantee or of the parties thereto),dated(insert date)and recorded in(specify Register of Sasines and date of recording).
[F9+Note 5—Subscription of the document by the granter of it 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).]
Textual Amendments
F9Sch. K Note 5 added (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 34(b) (with ss. 9(3)(5)(7), 13, 14(3))