Title and introductory text
Conveyancing (Scotland) Act 1874 1874 c.94 An Act to amend the law relating to land rights and conveyancing, and to facilitate the transfer of land, in Scotland. [7th August 1874]
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Conveyancing (Scotland) Act 1874
United Kingdom · statute
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In force since 2014-12-08, as the publisher states.
Copy read on 2026-11-09. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Contents: 78 provisions
- Title and introductory text
- 1 Short title.
- 2 Commencement of Act.
- 3 Interpretation.
- 4 Renewal of investiture abolished. Infeftment to imply entry with superior. Implied entry not to affect rights of superiors to feu-duties, &c. Action in lieu of a declarator of non-entry.
- 5 Compositions payable by corporations or trustees or persons having separate interests.
- 6 Consolidation of superiority with property.
- 7 Consolidation not to affect or extend superior’s rights.
- 8 Memorandum of allocation of feu-duty.
- 9‐13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 14 Legal remedies to prevent entry preserved.
- 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 18 Entails not to bar redemption.
- 19 Redemption of casualties by a mid-superior.
- 20 Commutation of carriages and services by agreement; or by sheriff.
- 21 Commuted value to be feu-duty. Not barred by entails.
- 22 Monopolies of superior’s agents annulled.
- 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 24 Where feu rights stipulating or inferring casualties are contracted to be granted.
- 25 Distinction between burgage and feu abolished. Registration of writs in burgh register. Provisions for lands in Paisley held by booking tenure.
- 26 Form of conveyances.
- 27 The word “dispone” unnecessary.
- 28 Date of entry.
- 29 General dispositions forming links of series of titles not objectionable on certain grounds.
- 30 Conveyances and discharges of real burdens. Real burdens effectual in competition from date of recording; mode of completing title to real burdens.
- 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 32 Reservations, conditions, and covenants, affecting lands may be imported by reference.
- 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 35 Registration of a decree of division.
- 36 Effect of decree of sale of glebe.
- 37 Distinction between heritage and conquest abolished.
- 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 44 Provisions for the case of a person appointed by the court to administer a trust.
- 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.
- 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 47 Securities upon land, and relative personal obligations, shall transmit against heirs and disponees.
- 48 Provisions for disencumbering lands sold under heritable securities when no surplus emerges.
- 49 Provision for disencumbering lands of heritable security.
- 50 Form and effect of assigning right of relief or other right affecting land.
- 51 Probate equivalent to will or extract for completing title.
- 52 Decrees of service unchallengeable on certain grounds.
- 53 Form of completing title to heritable securities under a general disposition.
- 54 Recorded deed or instrument unchallengeable on certain grounds.
- 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 57 †Certain offices abolished, and the duties of the Sheriff of Chancery, &c. enlarged.
- 58 Provisions as to Chancery office.
- 59 Act shall apply to lands held of the Crown and Prince.
- 60 Title to private estates of Her Majesty in Scotland.
- 61 †Section 11 of Titles to Land Consolidation Act repealed; description of lands contained in recorded deeds may be inserted in subsequent writs by reference merely. Reference already made in recorded deed not challengeable if certain particulars correctly given.
- 62 Section 62 of the Titles to Land Consolidation Act, 1868, and section 4 of the Titles to Land Consolidation Amendment Act, 1869, repealed. Effect of a decree of adjudication or sale.
- 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 64 Section 127 of last-recited Act repealed. Executor nominate or disponee mortis causa may complete title by notarial instrument.
- 65 Section 129 of last-recited Act repealed. Adjudgers may complete their title by recording abbreviate or extract decree of adjudication.
- 66 Schedules to be part of Act.
- 67 Repeal of Acts. &c.
- 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- SCHEDULE A Form of Notice to be given to a Superior of Change of Ownership
- SCHEDULE B Form of Summons of Declarator and for Payment of a Casualty
- SCHEDULE C Form of Minute for effecting Consolidation of Lands
- SCHEDULE D Form of Memorandum of Allocation of Feu-duty
- SCHEDULE E
- SCHEDULE F Form of Discharge of Casualties
- SCHEDULE G Form of Memorandum constituting a Feu-duty or additional Feu-duty
- SCHEDULE H Form of Reference to a Deed, Instrument, or Writing for Reservations, Burdens, and Conditions affecting Lands
- SCHEDULE I
- SCHEDULE J
- SCHEDULE K Form of Minute to be presented in Bill Chamber of Court of Session, or in Sheriff Court, for Warrant to charge an Heir or Disponee under a personal Obligation by his Ancestor or Author.
- SCHEDULE L
- SCHEDULE M Form of Assignation of Right of Relief, &c.
- SCHEDULE N Form of Instrument in Favour of a General Disponee or his Assignee in right of an Heritable Security
- SCHEDULE D Clause of Reference to a Description of Land contained in a prior Conveyance, Deed, or Instrument
Proposed changes to this act
No one has proposed a change to this act yet.
78 provisions
1 Short title.
This Act may be cited for all purposes as “The Conveyancing (Scotland) Act, 1874.”
Propose a change2 Commencement of Act.
This Act shall, except where otherwise provided, come into operation on the first day of October one thousand eight hundred and seventy-four, which date is herein-after referred to as the commencement of this Act.
Propose a change3 Interpretation.
The following words and expressions in this Act shall have the several meanings hereby assigned to them; that is to say, “Land” or “lands” shall include all subjects of heritable property which prior to the day appointed by order made under section 71 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) were, or might be, held of a superior according to feudal tenure, or which prior to the commencement of this Act have been or might have been held by burgage tenure, or by tenure of booking: “Estate in land” shall mean any interest in land, whether in fee, life-rent, or security, and whether beneficial or in trust, or any real burden on land, and shall include an estate of superiority: “Superior” shall include the Crown, the Prince and Steward of Scotland, and all subject superiors, and shall also include mid-superiors; “superiority” shall include mid-superiority: “Conveyance” and “deed” and “instrument” shall each have the meaning attached thereto by the Titles to Land Consolidation (Scotland) Act, 1868, and the Titles to Land Consolidation (Scotland) Amendment Act, 1869, and shall also, when used in this Act, include all the deeds, instruments, decrees, petitions, and writings specified in this Act, and the words “heritable securities” and “securities” shall have the meaning attached thereto by the said recited Acts, and shall also, when used in this Act, include real burdens and securities by way of ground annual: “Infeftment” shall include every title to an estate in land requiring and admitting of infeftment which is duly recorded in the appropriate register of sasines: “Feu” shall include “blench,” and “feu-duty” shall include “blench duty”: “Casualties” shall include the relief duty payable on the entry or succession of an heir, the composition or other duty payable on the entry of a singular successor, whether by law or under the conditions of the feu, and all payments exigible in lieu of such duties and compositions, and all periodical fixed sums or quantities which may be stipulated for under this Act: “Sheriff” shall include . . . sheriff substitute . . .
Propose a change4 Renewal of investiture abolished. Infeftment to imply entry with superior. Implied entry not to affect rights of superiors to feu-duties, &c. Action in lieu of a declarator of non-entry.
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Propose a change5 Compositions payable by corporations or trustees or persons having separate interests.
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Propose a change6 Consolidation of superiority with property.
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Propose a change7 Consolidation not to affect or extend superior’s rights.
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Propose a change8 Memorandum of allocation of feu-duty.
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Propose a change9‐13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change14 Legal remedies to prevent entry preserved.
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Propose a change15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change18 Entails not to bar redemption.
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Propose a change19 Redemption of casualties by a mid-superior.
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Propose a change20 Commutation of carriages and services by agreement; or by sheriff.
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Propose a change21 Commuted value to be feu-duty. Not barred by entails.
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Propose a change22 Monopolies of superior’s agents annulled.
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Propose a change23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change24 Where feu rights stipulating or inferring casualties are contracted to be granted.
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Propose a change25 Distinction between burgage and feu abolished. Registration of writs in burgh register. Provisions for lands in Paisley held by booking tenure.
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Propose a change26 Form of conveyances.
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Propose a change27 The word “dispone” unnecessary.
It shall not be competent to object to the validity of any deed or writing as a conveyance of heritage coming into operation after the passing of this Act, on the ground that it does not contain the word “dispone,” provided it contains any other word or words importing conveyance or transference, or present intention to convey or transfer.
Propose a change28 Date of entry.
Where no term of entry is stated in a conveyance of lands, the entry shall be at the first term of Whitsunday or Martinmas after the date or last date of the conveyance, unless it shall appear from the terms of the conveyance that another term of entry was intended.
Propose a change29 General dispositions forming links of series of titles not objectionable on certain grounds.
No decree, instrument, or conveyance under this Act, and no other decree, instrument, or conveyance, whether dated before or after the commencement of this Act, shall be deemed to be invalid because the series of titles connecting the person obtaining such decree, or expeding such instrument, or holding such conveyance, with the person who last held a recorded title contains as links of the series two or more general dispositions, or because any general disposition forming a part of the series does not contain a clause of assignation of writs.
Propose a change30 Conveyances and discharges of real burdens. Real burdens effectual in competition from date of recording; mode of completing title to real burdens.
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Propose a change31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change32 Reservations, conditions, and covenants, affecting lands may be imported by reference.
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Propose a change33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change35 Registration of a decree of division.
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 joint 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 deducing title to the shares severally allotted to them, or to any portion thereof, as an assignation, or one of a series of assignations, of an unrecorded conveyance or of a personal right under this Act.
Propose a change36 Effect of decree of sale of glebe.
A decree of sale obtained in terms of section seventeen of the Glebe Lands (Scotland) Act, 1866, shall have the effect of a conveyance by the minister of the parish at the sight of the heritors of the parish and of the presbytery of the bounds,to the heritor in whose favour it is pronounced, and his heirs and assignees whomsoever, of the glebe or portion of glebe therein contained; and, on an extract of such decree being recorded in the appropriate register of sasines, shall vest in such heritor the glebe or portion of the glebe described therein, with a holding of the Crown for payment of a penny Scots yearly, if asked only, as fully and completely as if he had obtained a charter from the Crown by virtue of such decree, and been infeft thereon in common form.
Propose a change37 Distinction between heritage and conquest abolished.
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Propose a change38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change44 Provisions for the case of a person appointed by the court to administer a trust.
When a trust title to land or to a real right in or over land has been duly completed and recorded, and any person is subsequently appointed by the court to administer the trust in whole or in part as a trustee or judicial factor, the interlocutor whereby the appointment is made shall specify the trust deed, and the other title or titles (if any) by which the trust title had been completed as aforesaid, in such manner as to identify the same, and shall refer to the register or registers of sasines where such deed or title or titles is or are recorded, and also set forth the lands by description or reference; and an extract of such interlocutor, being recorded in the appropriate register of sasines, shall operate to complete, in favour of the trustee or judicial factor thereby appointed,title to the land or real right in the same manner as if he had been a trustee named in the completed and recorded title in conformity always with the nature and terms of the appointment, and to the effect of enabling him to perform the duties of the office to which he is appointed.
Propose a change45 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.
When by the tenor of the title to any 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 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.
Propose a change