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

Conveyancing and Feudal Reform (Scotland) Act 1970 1970 CHAPTER 35 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]

Legislation

Table of Content

1. Variation and discharge of land obligations. S

2. Allocation of feuduties, etc. S

3. Allocation of feuduties. S

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

5. Provisions supplementary to sections 3 and 4. S

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

7. Reduction of period of positive prescription S

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

9. The standard security. S

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

11. Effect of [ F22 registered or ] recorded standard security, and incorporation of standard conditions. S

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

13. Ranking of standard securities. S

14. Assignation of standard security. S

15. Restriction of standard security. S

16. Variation of standard security. S

17. Discharge of standard security. S

18. Redemption of standard security. S

19. Notice to local authority of calling-up S

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

21. Notice of default. S

22. Objections to notice of default. S

23. Voluntary surrender of residential property following calling-up notice or notice of default S

24. Section 24(1B) applications: application to court by entitled residents S

24. Lay representation in section 24(1B) proceedings etc. S

25. Exercise of power of sale. S

26. Disposition by creditor on sale. S

27. Application of proceeds of sale. S

28. Foreclosure. S

29. Procedure. S

30. Interpretation of Part II. S

31. Saving. S

32. Application of enactments. S

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

34. Amendment of s. 34 of Act of 1924. S

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

36. Periods during which, and newspapers in which, advertisement required.

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

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

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

40. Discharge of heritable security constituted by ex facie absolute conveyance. S

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

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

43. Interpretation of Part III. S

44. Alteration of rules as to probative deeds. S

45. Status of sasine extracts. S

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

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

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

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

50. Amendment of Lands Tribunal Act 1949. S

51. Application to Crown. S

52. Saving, amendment and repeal. S

53. Interpretation. S

54. M24 The Land Compensation (Scotland) Act 1963 S

1. Variation and discharge of land obligations. S

2. Allocation of feuduties, etc. S

3. Allocation of feuduties. S

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

5. Provisions supplementary to sections 3 and 4. S

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

7. Reduction of period of positive prescription S

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

9. The standard security. S

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

11. Effect of [ F22 registered or ] recorded standard security, and incorporation of standard conditions. S

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

13. Ranking of standard securities. S

14. Assignation of standard security. S

15. Restriction of standard security. S

16. Variation of standard security. S

17. Discharge of standard security. S

18. Redemption of standard security. S

19. Notice to local authority of calling-up S

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

21. Notice of default. S

22. Objections to notice of default. S

23. Voluntary surrender of residential property following calling-up notice or notice of default S

24. Section 24(1B) applications: application to court by entitled residents S

24. Lay representation in section 24(1B) proceedings etc. S

25. Exercise of power of sale. S

26. Disposition by creditor on sale. S

27. Application of proceeds of sale. S

28. Foreclosure. S

29. Procedure. S

30. Interpretation of Part II. S

31. Saving. S

32. Application of enactments. S

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

34. Amendment of s. 34 of Act of 1924. S

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

36. Periods during which, and newspapers in which, advertisement required.

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

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

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

40. Discharge of heritable security constituted by ex facie absolute conveyance. S

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

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

43. Interpretation of Part III. S

44. Alteration of rules as to probative deeds. S

45. Status of sasine extracts. S

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

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

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

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

50. Amendment of Lands Tribunal Act 1949. S

51. Application to Crown. S

52. Saving, amendment and repeal. S

53. Interpretation. S

54. M24 The Land Compensation (Scotland) Act 1963 S

Section 1

1. Variation and discharge of land obligations. S

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F1 S. 1 repealed (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9) , ss. 122(1) , 128(2) , 129(2) , sch. 15 (with ss. 119 , 121 ); S.S.I. 2003/456 , art. 2

Section 2

2. Allocation of feuduties, etc. S

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F2 S. 2 repealed (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9) , ss. 122(1) , 128(2) , 129(2) , sch. 15 (with ss. 119 , 121 ); S.S.I. 2003/456 , art. 2

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

1. Variation and discharge of land obligations. S

2. Allocation of feuduties, etc. S

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

1. Variation and discharge of land obligations. S

2. Allocation of feuduties, etc. S