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. S

When by the tenor of the title to any [F1 land, or any real right in or over land,] held in trust duly completed in favour of the trustee or trustees therein named, or any of them, and recorded in the appropriate register of sasines, the office of a trustee has been or shall be conferred upon the holder of any place or office, or proprietor of any estate, and his successors therein, any person subsequently becoming a trustee by appointment or succession to the place or office or estate to which the office of trustee has thus been or shall be annexed shall be deemed and taken to have a valid and complete title [F1 to the land or real right], in the same manner and to the same effect as if he had been named in the completed and recorded title, without the necessity of any deed of conveyance or other procedure.

Textual Amendments

F1 Words in s. 45 substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 paras. 9(13) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2