Conveyancing (Scotland) Act 1874

1. Introductory Text

2. 1. Short title

3. 2. Commencement of Act

4. 3. Interpretation

5. 4. Renewal of investiture abolished. Infeftment to imply entry with superior. Implied entry not to affect rights of superiors to feu-duties, &c. Action in lieu of a declarator of non-entry

6. 5. Compositions payable by corporations or trustees or persons having separate interests

7. 6. Consolidation of superiority with property

8. 7. Consolidation not to affect or extend superior's rights

9. 8. Memorandum of allocation of feu-duty

10. 9. Estates to vest in heirs without service

11. 10. Completion of title when deceased heir not served. Petition to be proceeded with as if it were a petition for special service

12. 11. Error in character in which heir entered not to affect entry

13. 12. Heir not liable beyond value of estate. May renounce

14. 13. Right of any person to succession as heir may be challenged within twenty years

15. 14. Legal remedies to prevent entry preserved

16. 15. Redemption of casualties

17. 16. Casualties redeemed to be discharged

18. 17. Option to superior of payment of an annual sum

19. 18. Entails not to bar redemption

20. 19. Redemption of casualties by a mid-superior

21. 20. Commutation of carriages and services by agreement; or by sheriff

22. 21. Commuted value to be feu-duty. Not barred by entails

23. 22. Monopolies of superior's agents annulled

24. 23. In absence of express condition, no casualties in feus created after commencement of Act. Increase or reduction of feu-duty or periodical additional payment may be stipulated

25. 24. Where feu rights stipulating or inferring casualties are contracted to be granted

26. 25. Distinction between burgage and feu abolished. Registration of writs in burgh register. Provisions for lands in Paisley held by booking tenure

27. 26. Form of conveyances

28. 27. The word "dispone " unnecessary

29. 28. Date of entry

30. 29. General dispositions forming links of series of titles not objectionable on certain grounds

31. 30. Conveyances and discharges of real burdens. Real burdens effectual in competition from date of recording; mode of completing title to real burdens

32. 31. A general service to be equivalent to a general disposition

33. 32. Reservations, conditions, and covenants affecting lands may be imported by reference

34. 33. All writs before being recorded to have warrants of registration

35. 34. Title and period of prescription

36. 35. Registration of a decree of division

37. 36. Effect of decree of sale of glebe

38. 37. Distinction between heritage and conquest abolished

39. 38. Certain rules as to probative deeds altered

40. 39. Deed not to be invalid because improbative

41. 40. Holograph testamentary writings

42. 41. One notary or justice of the peace and two witnesses to be sufficient where party cannot write

43. 42. Inhibitions to prescribe in five years. But may be registered anew

44. 43. Completion of title of heir of last trustee

45. 44. Provisions for the case of a person appointed by the court to administer a trust

46. 45. How title shall be completed when the holder of an office or proprietor is ex officio a trustee and his successor in office takes the trust

47. 46. Trustees or executors may complete title where no direct conveyance of lands to them

48. 47. Securities upon land, and relative personal obligations, shall transmit against heirs and disponees

49. 48. Provisions for disencumbering lands sold under heritable securities when no surplus emerges

50. 49. Provision for disencumbering lands of heritable security

51. 50. Form and effect of assigning right of relief or other right affecting land

52. 51. Probate equivalent to will or extract for completing title

53. 52. Decrees of service unchallengeable on certain grounds

54. 53. Form of completing title to heritable securities under a general disposition

55. 54. Recorded deed or instrument unchallengeable on certain grounds

56. 55. Section 118 of the Bankruptcy Act of 1856 repealed

57. 56. Form of executing deeds by companies under the Acts of 1862 and 1867

58. 57. Certain offices abolished, and the duties of the sheriff of Chancery, &c. enlarged

59. 58. Provisions as-to Chancery office

60. 59. Act shall apply to lands held of the Crown and Prince

61. 60. Title to private estates of Her Majesty in Scotland

62. 61. Section 11 of Titles to Land Consolidation Act repealed. Description of lands contained in recorded deeds may be inserted in subsequent writs by reference merely. Reference already made in recorded deed not challengeable if certain particulars correctly gi

63. 62. Section 62 of the Titles to Land Consolidation Act, 1868, and section 4 of the Titles to Land Consolidation Amendment Act, 1869, repealed. Effect of a decree of adjudication or sale

64. 63. Section 125 of Titles to Land Consolidation Act, 1868, repealed Completion of title of executors nominate, or disponee or legatee of an heritable security, or of heir where executors excluded

65. 64. Section 127 of last-recited Act repealed. Executor nominate or disponee mortis causa may complete title by notarial instrument

66. 65. Section 129 of last-recited. Act repealed. Adjudgers may complete their title by recording abbreviate or extract decree of adjudication

67. 66. Schedules to be part of Act

68. 67. Repeal of Acts, &c

69. 68. Saving clause

70. SCHEDULES.

    1. SCHEDULE A

    2. SCHEDULE B

    3. SCHEDULE C

    4. SCHEDULE D

    5. SCHEDULE E

    6. SCHEDULE F

    7. SCHEDULE G

    8. SCHEDULE H

    9. SCHEDULE I

    10. SCHEDULE J

    11. SCHEDULE K

    12. SCHEDULE L

    13. SCHEDULE M

    14. SCHEDULE N

    15. SCHEDULE O