Conveyancing (Scotland) Act 1924

9 Amendment of law as to reference to conditions of title. S

(1) Notwithstanding any conditions or clauses affecting land, whether prohibitory, irritant, resolutive or otherwise, expressed in any deed, instrument, or writing relating to such land, whether dated before or after the commencement of this Act, it shall not be necessary in any deed, instrument or writing by which any heritable security over such land is constituted, transmitted, or otherwise dealt with, to repeat or to refer to any such conditions or clauses: Provided that this subsection shall not apply to any disposition or other conveyance granted in virtue of any power of sale contained in a heritable security (including any disposition granted by a creditor to himself pursuant to section eight of the M1 Heritable Securities (Scotland) Act, 1894), nor to any decree by which a security right is or may be converted into a right of property, and where in any heritable security, whether dated before or after the commencement of this Act, such conditions or clauses have not been repeated or referred to, any decree pronounced in connection with such security pursuant to the Heritable Securities (Scotland) Act, 1894, and Schedule D to that Act, shall repeat or refer to such conditions or clauses, and the said Schedule D is hereby amended accordingly.

(2) It shall be no objection to any deed, instrument, or writing by which a heritable security was constituted, transmitted, or otherwise affected, although dated before the commencement of this Act, that the same neither contained nor referred to conditions or clauses affecting the security subjects, repetition of or reference to which was required by any deed or otherwise in accordance with the law as existing prior to the commencement of this Act.

(3) When any conditions or clauses affecting land have been duly referred to in the title thereto of the proprietor for the time duly recorded in the appropriate Register of Sasines, whether before or after the commencement of this Act, it shall not be competent to object to such title on the ground that in any prior deed, instrument, or writing applicable to such land such conditions or clauses were neither repeated nor referred to.

(4) In any case in which there has been or shall be an omission or failure in any deed, instrument, or writing applicable to land, and forming the title of the proprietor for the time, to repeat or refer to conditions of clauses affecting such land, it shall be competent for such proprietor to grant and to record in the appropriate Register of Sasines a deed of acknowledgment setting forth the omission or failure, and repeating or referring to the conditions or clauses, and thenceforth the deed, instrument, or writing as to which such omission or failure occurred shall be deemed to have duly contained or referred to such conditions or clauses. Such deed of acknowledgment may be in the form of Schedule E hereto, and may be founded on by all concerned, although the warrant of registration thereon shall be on behalf of the granter only.

Modifications etc. (not altering text)

C1 S. 9(1) proviso excluded by Land Registration (Scotland) Act 1979 (c. 33, SIF 31:3), s. 15(2)(a)

C2 S. 9(3)(4) excluded by Land Registration (Scotland) Act 1979(c. 33, SIF 31:3), s.15(2)(a)

Marginal Citations

M1 1894 c. 44.