Titles to Land Consolidation (Scotland) Act 1868

110 Mode of relinquishing superiorities. U.K.

In order to facilitate still further the extinguishing of mid-superiorities not defeasible by the vassal, it shall be competent to any subject superior, whether himself entered with his superior or not, and whatever the annual value of the reddendo may be, to relinquish his right of superiority in favour of his immediate vassal, by granting a deed of relinquishment in the form or as nearly as may be in the form of No. 1. of schedule (CC.) hereto annexed; and on the deed of relinquishment being accepted by the vassal, by an acceptance written on such deed in the form or as nearly as may be in the form No. 2. of schedule (CC.) hereto annexed, and being followed by a writ of investiture by the over superior as herein-after provided, also written upon the deed of relinquishment, and on such deed, with the acceptance and writ of investiture written thereon, whether dated prior or subsequent to the commencement of this Act, and warrant of registration on behalf of the vassal, also written thereon, being thereafter recorded in the appropriate register of sasines, the superiority so relinquished shall be held to be extinguished, and the vassal and his successors in the lands shall hold the same as immediate vassals of the over superior by the tenure and for the reddendo by and for which such relinquished superiority was held, and the vassal and his foresaids shall be entitled to apply for an entry to such over superior accordingly as his immediate superior; and such relinquishment by a superior who shall not have completed his title to the superiority relinquished shall not infer a passive representation on his part, nor any liability for the debts of the person last infeft therein, beyond the price or consideration, if any, which he may receive for such relinquishment.