Conveyancing (Scotland) Act 1874

SCHEDULE A S Form of Notice to be given to a Superior of Change of Ownership

(Place and date.)

Sir,

I hereby intimate to you that (F1 ) has [orhave] now right to (F2 ) which lands [orsubjects] formerly belong to (F3 ).

Textual Amendments

F1 Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)

F2 Words repealed with savings by Succession (Scotland) Act 1964 (c. 41), s. 34(2), Sch. 3

F3 Words repealed by Feudal Casualties (Scotland) Act 1914 (c. 48), Sch. E

I am, Sir,

Your most obedient servant, (F4 ).

Textual Amendments

F4 Words repealed by Statute Law Revision Act 1883 (c. 39) and Statute Law Revision (No. 2) Act 1893 (c. 54)

————————————

(F1 )Here state name, designation, and address of the new proprietor or proprietors of the feu.

(F2 )Here mention the names by which the lands or subjects are generally known, so as to distinguish them to the superior, but without giving any detailed description of the lands or subjects, and if in a town or village mention the number of the street or otherwise distinguish the feu, and if a reference to the feu right will more easily and clearly distinguish the lands or subjects a reference to the feu right can be given, but the superior shall not be entitled to object either that the name or designation or address of the new proprietor or proprietors of the feu is erroneous, or that the form in which the lands or subjects are referred to is insufficient or erroneous, unless it can be shown that the notice given as to these particulars or any of them was intended to mislead the superior as to the identity of the new proprietor or proprietors of the feu or as to the particular lands or subjects to which the notice should have referred.

(F3 )Insert the name of the last entered vassal, whether by actual entry previous to the commencement of this Act or by implied entry under it.

(F4 )To be signed(but not attested)by the seller of the feu, or by heir or the trustees or executors of a deceased proprietor, or by any one of the trustees or executors for himself and his co-trustees or co-executors, or by an agent of any of these parties.

To be addressed and posted or delivered to the superior or to his known agent, or to the person to whom the feu-duties of the feu have been paid, and in the event of the superior being unknown or doubtful, the notice to be addressed “to the superior” of the lands mentioned in the notice without name (in the event of the proprietor being unable to ascertain name of the superior),and to be posted or sent to the keeper of the Office of Edictal Citations in Edinburgh, and published in the register of these citations, and also(where there is doubt as to the superior)to the person or to the agent of the person as to whom such doubt exists.

SCHEDULE B S Form of Summons of Declarator and for Payment of a Casualty

Modifications etc. (not altering text)

C1 Functions of Commissioners of Woods now exercisable by Crown Estate Commissioners: S.R. & O. 1924/1370 (Rev. V, p. 443): 1924, p. 228), Crown Estate Act 1956 (c. 73), s. 1(1) and Crown Estate Act 1961 (c. 55), s. 1(1)

Victoria, &c. Whereas it is humbly meant and shown to us by our loviteA. [design him], immediate lawful superior of the lands [orsubjects] after described [orreferred to], and duly infeft therein conform to [here mention title and date of recording same in the register of sasines], Pursuer againstB. [design him], Defender, in terms of the condescendence and note of pleas in law hereunto annexed: Therefore it ought and should be found and declared by decree of the lords of our council and session, that in consequence of the death ofC. [or otherwise as the case may be], who was the vassal last vest and seised in all and whole the lands ofX. [describe or refer to the lands, and if the casualty due is a taxed composition, or an heir’s relief duty, say] the casualty of £[or, if a singular successor’s untaxed composition be due, say] a casualty, being one year’s rent of the lands, became due to the saidA. as superior of the said lands upon the day of , being the date of the death of the saidC. [or] the date of the infeftment of the saidB. in the said lands ofX. [or otherwise, as the case may be], and that the said casualty is still unpaid, and that the full rents, maills, and duties of the said lands ofX.,after the date of citation herein, do belong to the pursuer the saidA.,as superior thereof, until the said casualty and the expenses after mentioned be otherwise paid to the saidA.:And the saidB. ought and should be decerned and ordained by decree foresaid forthwith to make payment to the pursuer the saidA.,of the said sum of £, being the casualty foresaid, [orof the sum of £, or such other sum more or less as shall be ascertained in the course of the process to follow hereon to be one year’s rent of the said lands], together with the sum of £, or such other sum more or less as our said lords shall modify as the expenses of the process to follow hereon conform to the laws and daily practice of Scotland, used and observed in the like cases as is alleged. Our will is therefore, &c.

Note.—In the event of the summons being one at the instance of the Crown or Prince and Steward of Scotland, the necessary alteration will be made, and the summons will be at the instance of the Lord Advocate on behalf of the Commissioners of Woods.

SCHEDULE C S Form of Minute for effecting Consolidation of Lands

I,A.B.,heritable proprietor both of the immediate superiority and of the property [orof the mid-superiority] of all and whole [describe or refer to the lands], hereby consolidate the property of the said lands [orthe mid-superiority of the said lands] with the immediate superiority thereof. [F5 Testing clause+.

Textual Amendments

F5 Words in Sch. C substituted (S.) (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 21 (with ss. 9(3)(5)(7), 13, 14(3))

+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

X1 SCHEDULE D S Form of Memorandum of Allocation of Feu-duty

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)

The proportion of the original feu-duty of £ allocated upon the lands within disponed [or as the case may be], is hereby fixed at £, [and if an augmentation has been stipulated for, add] with £ of augmentation, making a total of £.

(Signed)A.B. (the superior of the lands or his commissioner.)

F6 F6 SCHEDULE E S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Ss. 9–13, 31, 43, 46, 63, Sch.E repealed with savings by Succession (Scotland) Act 1964 (c. 41), s. 34(2), Sch. 3

SCHEDULE F S Form of Discharge of Casualties

I,A.B. [design him], proprietor of the estate of superiority in the lands of [describe or refer to a description of the lands discharged], whereof the estate of property belongs toC.D. [design him], in consideration of [state cause of granting], hereby discharge in favour of the saidC.D.,and his heirs and successors, all casualties incident to my said estate of superiority exigible in respect of the said estate of property [if only some of the casualties are redeemed specify what they are], and I consent to the registration hereof for preservation. [F7 Testing clause+.

Textual Amendments

F7 Words in Sch. F substituted (S.) (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 21 (with ss. 9(3)(5)(7), 13, 14(3))

+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

SCHEDULE G S Form of Memorandum constituting a Feu-duty or additional Feu-duty

Modifications etc. (not altering text)

C2 Sch. G applied by Conveyancing (Scotland) Act 1924 (c. 27), s. 12(2) (3)

It is agreed betweenA. [name and designation of superior] immediate lawful superior of the lands of [describe or refer to a description of the lands] on the one part, andB. [name and designation of proprietor of estate of property] the proprietor of the dominium utile of the said lands on the other part, that the dominium utile of the said lands shall, from and after the term of [state term], be liable in payment to the superior thereof of a feu-duty of £ [or if there be a feu-duty already payable,of an additional feu-duty of £ over and above the existing feu-duty of £]; and that yearly, at two terms in the year [state the terms at which the feu-duty is to be paid, orand that at the term of (state term) yearly], beginning the first term’s payment [state term, and whether with interest]; which feu-duty [oradditional feu-duty] is constituted in respect of [state here whether the additional feu-duty is in respect of a commutation of casualties, or of carriages,&c., as the case may be]. [F8 Testing clause+.]

Textual Amendments

F8 Words in Sch. G substituted (S.) (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 22(a) (with ss. 9(3)(5)(7), 13, 14(3))

Note.—If the memorandum be executed by the agents of either or both of the parties, it will be stated in the testing clause that the memorandum is signed by them in that capacity for and on behalf of their constituent or respective constituents.

[F9 +Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

Textual Amendments

F9 Words in Sch. G added (1.8.1995) (S.) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 22(b) (with ss. 9(3)(5)(7), 13, 14(3))

SCHEDULE H S Form of Reference to a Deed, Instrument, or Writing for Reservations, Burdens, and Conditions affecting Lands

The reservations, real burdens, conditions, provisions, limitations, obligations, and stipulations [or as the case may be] specified in [refer to the deed, instrument, or writing in such terms as shall be sufficient to identify it, and specify the register in which it is recorded, and the date of registration, or where the deed, instrument, or writing referred to is recorded on the same date as the deed, instrument, or writing containing the reference, here say,recorded of even date with the recording of these presents].

F10 SCHEDULE I S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. I repealed (S.) (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))

F11 F11 SCHEDULE J S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 S. 42, Sch. J repealed by Conveyancing (Scotland) Act 1924 (c. 27), s. 44(6)

SCHEDULE K S Form of Minute to be presented in Bill Chamber of Court of Session, or in Sheriff Court, for Warrant to charge an Heir or Disponee under a personal Obligation by his Ancestor or Author.

Warrant is craved, in virtue of the Conveyancing (Scotland) Act, 1874, at the instance of A.B. [name and design applicant], the creditor [if he is not the original creditor, or only a partial creditor, add, in virtue of (or to the extent and in virtue of) the assignation (or general disposition and notarial instrument or other writ or writs forming the title in the creditor’s person) in his favour after mentioned [under a bond and disposition in security over the lands of [specify shortly the lands,] for the principal sum of £ with corresponding interest and penalties, granted by C.D. [design him], then proprietor of the said lands, in favour of the said A.B. [or of G.H. (design him)as the case may be], and dated [state date] [and if recorded, say, and recorded in the register of sasines (state register and date of recording), or and instrument of sasine thereon recorded, &c., as the case may be ]; To charge E.F. [design him], the present proprietor of the said lands, and as such the present debtor in the said bond and disposition in security, to make payment to the said A.B. of the said principal sum of £ contained in and due by the said bond and disposition in security [if A.B. is only a partial creditor, say, of the principal sum of £ being the extent to which the said A.B. is in right of the said bond and disposition in security]: And also of the further sum of £ being the amount of the interest due thereon. Produced herewith the said bond and disposition in security [or an extract thereof from the books of council and session from the register of sasines; if the applicant is not the original creditor, the title in his own person to the security will also be stated and produced.]

Dated the day of

(Signed) A.B., W.S., Edinburgh, [or as the case may be].

The Clerk of the Bills, or Sheriff Clerk, as the case may be, will subjoin

Fiat ut petitur.

[To be dated and signed by the Clerk.]

SCHEDULE L S

No.1 S Form of Certificate where Lands are Sold under Heritable Security and no Surplus Emerges

I,A.B. [insert designation], Notary Public, with reference to the sale of all and whole the lands of [describe or refer to the lands], which sale took place at upon the day of at the instance ofC.D. [design him], in virtue of the power of sale contained in a bond and disposition in security for the sum of £ with interest and penalties corresponding thereto, dated and recorded in the register of sasines for the day of granted toG.H. [design him] in favour of the saidC.D. [orin favour ofE.F. (design him), but to which the saidC.D. has acquired right by progress (or otherwise, as the case may be)], do hereby certify that there has been submitted to me a statement of the intromissions of the saidC.D.,with the price of the said lands subscribed, as authentic, by the saidC.D. [orbyM.N.,agent of the saidC.D.,on his behalf], from which it appears that no surplus remains for consignation in bank, in terms of the 122nd and 123rd sections of the Titles to Lands Consolidation (Scotland) Act, 1868, and I make this certificate in terms of the Conveyancing (Scotland) Act, 1874. [F12 Testing clause+.

Textual Amendments

F12 Words in Sch. L No. 1 substituted (S.) (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 21 (with ss. 9(3)(5)(7), 13, 14(3))

+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

No.2 S Form of Certificate where Lands have been redeemed of Heritable Security, but Discharge cannot be obtained

I,A.B. [design him], Notary Public, do hereby certify thatC.D. [design him], proprietor of the lands ofX. [name the lands as shortly as possible] and others in the county ofY.,being the lands contained in the bond and disposition in security [or other deed of security], for £ after mentioned, has appeared before me, and represented that he did on the day of consign in the bank at the sum of £ with £ being the whole interest due under the said bond and disposition in security [or other deed of security] in the name ofE.F. [design him] the creditor in the said bond and disposition in security [or other deed of security; if only a partial creditor say,to the extent of £ ]; which consignation was made in virtue of the power of redemption reserved in the said bond and disposition in security [or other deed of security] which was granted by the saidC.D. [orbyJ.K. (design him), then proprietor of the said lands] in favour of the saidE.F. [or L.M. (design him) the original creditor in the said security], and is dated [insert date] and recorded in the register of sasines for the day of [if sasine was expede on the bond and disposition in security or other deed of security, instead ofand recorded, &c.,say, on which bond and disposition in security (or other deed of security) the saidE.F. (or L.M. as the case may be) was infeft conform to instrument of sasine in his favour recorded in the register of sasines for the day of ]; and the said consignation was rendered necessary by the refusal of the saidE.F. to receive the said sum of £and interest thereon [orby the absence of the saidE.F., or otherwise, as the case may be, stating the reason why discharge could not be obtained], notwithstanding that the requisite notice of redemption was given to him; and I make this certificate in terms of the Conveyancing (Scotland) Act, 1874.

[F13 Testing clause+.

Textual Amendments

F13 Words in Sch. L No. 2 substituted (S.) (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 21 (with ss. 9(3)(5)(7), 13, 14(3))

+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

SCHEDULE M S Form of Assignation of Right of Relief, &c.

Modifications etc. (not altering text)

C3 Sch. M excluded by Land Registration (Scotland) Act 1979 (c. 33, SIF 31:3), ss. 15(4)(a), 30(2)

I [here insert the name and designation of the granter, and the cause of granting, unless the assignation forms part of another deed] hereby assign toC.D. [here insert the designation of the grantee, unless already given], and his heirs and assignees [orand his foresaids], a disposition [or other deed, as the case may be] granted by [here insert the names and designations of the persons by and in whose favour the deed to be assigned was granted, with its date and also the date of registration, and the register in which it is recorded, if it has been recorded], whereby the said [name of the original granter of the disposition or obligation] bound and obliged himself, his heirs and successors [here insert the terms of the obligation in the terms so far as possible of the disposition or other deed, e.g.], “to warrant the parsonage teinds of the lands of” [here specify by description or reference, if not already done, the lands to which the obligation or right refers] “from all future augmentations of ministers stipend or other burden imposed or to be imposed upon the said parsonage teinds except the stipend presently payable to the minister of ,” [or as the case may be. If the right to be assigned was originally granted in favour of some other person than the granter of the assignation, here specify the series of writs by which he acquired right,[F14 Testing clause+]

Textual Amendments

F14 Words in Sch. M substituted (S.) (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 23 (with ss. 9(3)(5)(7), 13, 14(3))

+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

SCHEDULE N S Form of Instrument in Favour of a General Disponee or his Assignee in right of an Heritable Security

At there was by [oron behalf of]A.B. ofZ.,presented to me, Notary Public subscribing, a bond and disposition in security [or other security or extract, as the case may be] dated [insert date, and where recorded in the register of sasines insert date of recording and specify register of sasines,] granted byC.D. [insert designation] in favour ofE.F. [insert designation] [if sasine has been expede thereon add,and instrument of sasine thereon in favour of the saidE.F.,recorded in the [specify register of sasines and date of registration] by which bond and dispostion in security [or as the case may be] the saidC.D. bound and obliged himself [insert the personal obligation so far as necessary, and disposition of the lands in security, with the description of them, and also all real burdens,&c., if any, all as set forth at full length or by reference in the bond and disposition in security or other security]: As also, there was presented to me a general disposition [or other deed or writing containing a general conveyance, or an extract of such deed or writing, or otherwise, as the case may be,] granted by the said E.F. and dated [insert date], by which general disposition [or otherwise, as the case may be,] the saidE.F. assigned and disponed [or otherwise, as the case may be,] to the saidA.B. and his executors and assignees [or otherwise, as the case may be,] heritably and irredeemably [or,in liferent,or otherwise, as the case may be], all and sundry his whole heritable and moveable estate [or otherwise, as the case may be, and if the deed be granted in trust or for specific purposes add,but in trust always,or, for the uses and purposes specified in the said general disposition (or otherwise, as the case may be)], in which general conveyance was included the said bond and disposition in security [or other security] [and infeftment following thereonif infeftment was expede], the saidE.F. being then vest therein as aforesaid. [If the granter of the general disposition or other deed or wirting was not the original creditor, but one who had acquired right to the security, instead ofas aforesaidhere sayin virtue of the following writs, viz.specify shortly the title or titles by which he acquired right to the security. If the person expeding the instrument be other than the original grantee under the general disposition or other deed or writing, add,As also there were presented to me the following writs whereby the saidA.B. acquired the said general disponee’s right to the said bond and disposition in security [and infeftment following thereon], [or otherwise, as the case may be], viz., [specify the title or series of titles by which such person acquired right, and the nature of his right]. Whereupon this instrument is taken in the hands ofL.M. [insert name and designation]. Notary Public, in terms of the Titles to Land Consolidation (Scotland) Act, 1868, and the Conveyancing (Scotland) Act, 1874. [F15 Testing clause+.

Textual Amendments

F15 Words in Sch. N substituted (S.) (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 21 (with ss. 9(3)(5)(7), 13, 14(3))

+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).]

[X2 F16 SCHEDULE D] S Clause of Reference to a Description of Land contained in a prior Conveyance, Deed, or Instrument

Editorial Information

X2 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

F16 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 [F17 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

F17 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).