Entail Amendment Act 1848

24 Power to grant feus or long leases. U.K.

Notwithstanding any prohibitory, irritant, and resolutive clauses, or any limitation by way of maximum or minimum of the extent of ground to be feued or to be granted in each separate feu, contained in any tailzie dated prior to the first day of August one thousand eight hundred and forty-eight, it shall be lawful for an heir of entail in possession of an entailed estate in Scotland, upon notice to the heir of entail next entitled to succeed to such estate immediately after such heir of entail in possession, with the approbation of the court, to be obtained in the form and manner herein-after provided, to grant feus or long leases of any part of the said entailed estate for the highest feu duty or rent that can be got for the same, such feus or long leases so granted by him not exceeding in all one eighth part in value for the time of such estate; provided always, that it shall not be lawful for such heir to take any grassum or fine or valuable consideration other than the tack duty or rent for granting any such feu or lease, nor to grant any such feu or lease of the mansion house, offices, or policies of the estate; and such heir shall be entitled to make, at the sight of the court, all such feu charters or other feu rights, or tacks or leases, as shall be necessary; and in case any such grassum, fine, or consideration shall be taken, and in case any feu or lease hereby prohibited shall be granted, such feu or lease shall be null and void; but nothing herein contained shall prevent or be construed to prevent any heir of entail in possession from exercising any power of granting feus or leases which may be contained in the tailzie under which he possesses, more extensive than the power of granting feu or leases hereby conferred.