Conveyancing (Scotland) Act 1874

[X1 F1 SCHEDULE D] S Clause of Reference to a Description of Land contained in a prior Conveyance, Deed, or Instrument

Editorial Information

X1 The Schedules to this Act contain 2 schedules labelled D as a result of a substitution by 1924 (c. 27), s.8(1)

Textual Amendments

F1 Sch. D of Conveyancing (Scotland) Act 1924 (c. 27) substituted retrospectively for Sch. O by s. 8(1) of that Act

All and whole the lands and others (or subjects) in the county of (or in the burgh of and county of as the case may be) described in (refer to the conveyance, deed, or instrument in such terms as shall be sufficient to identify it, and specify the Register of Sasines in which it is recorded and date of recording, or where the conveyance, deed, or instrument referred to is recorded on the same date as the conveyance, deed, or instrument containing the reference substitute for the date of recording the words of even date with the recording of these presents):—

Notes to Schedule D

Note 1.—In referring to a Deed containing a particular description [F2 or to a Deed containing reservations, real burdens, conditions, provisions, limitations, obligations and stipulations affecting lands] it shall be sufficient to give the names of the granter and grantee or of the parties thereto without adding their designations, and when there are several granters or grantees or several parties acting in the same category it shall be sufficient to give the name of the first mentioned person only with the addition of the words and others; and where the granter or granters or grantee or grantees, or the parties or one of the parties thereto acts or act in a fiduciary capacity it shall be sufficient to state such capacity without giving their individual name or names, e.g.:

(a) Feu Charter granted by A.B. in favour of C.D., dated (insert date) and recorded in (specify Register of Sasines and give date of recording).

(b) Disposition granted by C.D. and others in favour of E.F. and others, dated, &c. (as above).

(c) Notarial Instrument (or Notice of title) in favour of the Trustee (or Trustees) of G.H. (or the Judicial Factor of J.K. or the Trustee on the Sequestrated Estates of L.M. or the Liquidator of the N.O. Company Limited, or as the case may be) recorded in (specify Register of Sasines and date of recording).

Textual Amendments

F2 Words inserted by Conveyancing Admendment (Scotland) Act 1938 (c. 24), s. 2(2)

Note 2.—Where it is desired to insert a short description of the land or subjects, this may be done as follows:—All and whole that dwelling-house, number ten, Rosebery Crescent, Edinburgh, (or the eastmost half-flat on the second storey of the tenement entering from number fifteen, Lothian Street, Edinburgh, or otherwise, as the case may be) in the county of Edinburgh, described in, &c. (as above).

Note 3.—If part only of the land or subjects described in a former recorded conveyance, deed, instrument, or notice of title is being conveyed or otherwise dealt with for the first time as a separate subject, such part should be described at length, adding being part of the lands and others (or subjects) in the county of or in the burgh of and county of described in, &c. (as above); or thus: All and Whole the lands and others (or subjects) in the county of or in the burgh of and county of described in, &c. (as above), with the exception of (describe the part excepted).

Note 4.—If several lands or subjects are described in the conveyance, deed, or instrument referred to, and it is intended to specify one or more of them, these may be distinguished from the others thus: All and Whole the lands and others (or subjects) first (or second and third described in, &c. (as above, or otherwise as the case may be).