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Revised Statute from The UK Statute Law Database

Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2007 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Conveyancing and Feudal Reform (Scotland) Act 1970

1970 CHAPTER 35

Contents

Go to Preamble

  1. PART I

    Feudal Reform

    1. Variation and discharge of land obligations

      1. 1. Variation and discharge of land obligations

      2. 2. Provisions supplementary to section 1

    2. Allocation of feuduties, etc

      1. 3. Allocation of feuduties

      2. 4. Applications to Lands Tribunal regarding allocation of feuduties

      3. 5. Provisions supplementary to sections 3 and 4

      4. 6. Allocation of ground annuals

    3. Provisions for contracting out of sections 1 to 6 to be void

      1. 7. Provisions for contracting out of sections 1 to 6 void

    4. Reduction of period of positive prescription

      1. 8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  2. Part II

    The Standard Security

    1. 9. The standard security

    2. 10. Import of forms of, and certain clauses in, standard security

    3. 11. Effect of recorded standard security, and incorporation of standard conditions

    4. 12. Standard security may be granted by person uninfeft

    5. 13. Ranking of standard securities

    6. 14. Assignation of standard security

    7. 15. Restriction of standard security

    8. 16. Variation of standard security

    9. 17. Discharge of standard security

    10. 18. Redemption of standard security

    11. 19. Calling-up of standard security

    12. 19A. Notice to occupier of calling-up

    13. 20. Exercise of rights of creditor on default of debtor in complying with a calling-up notice

    14. 21. Notice of default

    15. 22. Objections to notice of default

    16. 23. Rights and duties of parties after service of notice of default to which objection is not taken, or where the notice is not set aside

    17. 24. Application by creditor to court for remedies on default

    18. 25. Exercise of power of sale

    19. 26. Disposition by creditor on sale

    20. 27. Application of proceeds of sale

    21. 28. Foreclosure

    22. 29. Procedure

    23. 30. Interpretation of Part II

    24. 31. Saving

    25. 32. Application of enactments

  3. Part III

    Provisions as to Heritable Securities

    1. 33. Form of notice calling-up heritable security

    2. 34. Amendment of s. 34 of Act of 1924

    3. 35. Power of creditor in bond and disposition in security to sell to include power to sell by private bargain

    4. 36. Alteration of periods during which sale of land held in security is to be advertised

    5. 37. Amendment of s. 40 of Act of Act of 1924

    6. 38. Amendment of s. 41 of Act of 1924

    7. 39. Amendment of s. 8 of Act of 1894

    8. 40. Discharge of heritable security constituted byex facieabsolute conveyance

    9. 41. Restriction on effect of reduction of certain discharges of securities

    10. 42. Extension of s. 13 to certain existing forms of heritable securities

    11. 43. Interpretation of Part III

  4. Part IV

    Other Conveyancing Reforms

    1. 44 . Alteration of rules as to probative deeds

    2. 45. Status of sasine extracts

    3. 46. Effect of conditions as to pre-emption

    4. 47. Abolition of requirement to specify granter’s title in certain deeds

    5. 48. Abolition of forms of assignation of unrecorded conveyances, etc., and of completion of title by recording of such assignations

  5. Part V

    Miscellaneous

    1. 49. Abolition of heritor’s right of pre-emption of glebe

    2. 50. Amendment of Lands Tribunal Act 1949

  6. Part VI

    General

    1. 51. Application to Crown

    2. 52. Saving, amendment and repeal

    3. 53. Interpretation

    4. 54. Short title, commencement and extent

  7. SCHEDULE 1

    Land obligations not subject to variation or discharge under section 1

  8. SCHEDULE 2

    Forms of Standard Security

  9. SCHEDULE 3

    The Standard Conditions

  10. SCHEDULE 4

    Forms of Deeds of Assignation, Restriction, &c

  11. SCHEDULE 5

    Procedures as to Redemption

  12. SCHEDULE 6

    Procedures as to Calling-up and Default

  13. SCHEDULE 7

    Contents of Certificate Stating a Default

  14. SCHEDULE 8

    Excluded Enactments

  15. SCHEDULE 9

    Discharge of Heritable Security Constituted by Ex Facie Absolute Conveyance

  16. SCHEDULE 10

    Minor and Consequential Amendments

  17. SCHEDULE 11

    Enactments Repealed

An Act to provide as respects Scotland for the variation and discharge of certain obligations relating to land; to facilitate the allocation of feuduties and ground annuals; to reduce the period of positive prescription of 20 years to 10 years; to provide for a new form of heritable security; to make certain amendments to the existing law relating to heritable securities; to make certain other amendments to the law relating to conveyancing; to abolish the rights of pre-emption of heritors in respect of glebes; to amend the Lands Tribunal Act 1949; and for connected purposes.

[29th May 1970]

Annotations:

Modifications etc. (not altering text)

C1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Commencement Information

I1Act partly in force at Royal Assent see s. 54(2); Act wholly in force at 1.3.1971

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