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Conveyancing (Scotland) Act 1874
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35 Registration of a decree of division.S
A decree of division of commonty or of common property or runrig lands, whether pronounced by a court of law, or by arbiters or by an oversman, shall have the effect of a conveyance containing assignations of writs by all the [F1joint] proprietors in favour of the several parties participating in the division of the shares severally allotted to them, and the extract decree pronounced by the court, or the decree pronounced by the arbiters or oversmen, or an extract thereof from any competent court books, may be recorded in the appropriate register of sasines, in ordinary form on behalf of all or any of the parties, or may be used by all or any of the parties for the purpose of [F2deducing title] to the shares severally allotted to them, or to any portion thereof[F1, as an assignation, or one of a series of assignations, of an unrecorded conveyance or of a personal right under this Act].
Textual Amendments
F1Word in s. 35 repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(9)(a), Sch. 12 para. 9(9)(c), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F2Words in s. 35 substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(9)(b) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
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