Conveyancing Amendment (Scotland) Act 1938 (c. 24)

For the purposes of sections three and four of the Act of 1924, a judicial factor appointed by the Court to administer a trust estate comprising any land or any heritable security or part of any heritable security or any lease or security over a lease, or a trustee appointed by the Court on such a trust estate shall be deemed to be a person having a right within the meaning of the said sections to such land or heritable security or part of a heritable security or lease or security over a lease respectively, and shall with respect to any lease or security over a lease comprised in the trust estate be entitled to the benefit of all enabling powers and rights under section twenty-four of the Act of 1924, and an extract of the act and warrant appointing such judicial factor or trustee shall, for the purposes of deductions of title in terms of the said Act, be a valid midcouple or link of title.

(1) Section eight of the Act of 1924 shall be amended as follows, that is to say:— (a) in subsection (4) thereof after the word “is” where this first occurs there shall be inserted the words “for any purpose”; and (b) after the said subsection (4) the following subsection shall be inserted:— “ (5) Note 1 to Schedule D to this Act shall apply to a reference competently made to any deed for reservations, real burdens, conditions, provisions, limitations, obligations and stipulations affecting lands and to the form of such reference given in Schedule H of the Conveyancing (Scotland) Act, 1874. ” (2) In Note 1 to Schedule D to the Act of 1924 after the words “a particular description” there shall be inserted the words “or to a Deed containing reservations, real burdens, conditions, provision, limitations, obligations and stipulations affecting lands”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 Textual Amendments F1 Ss. 2(3) , 3 , 12(3) repealed by Statute Law Revision Act 1950 (14 Geo. 6 c. 6) Modifications etc. (not altering text) C2 The text of S. 2(1)(2), S. 4, 7(1), 7(2), Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991