Conveyancing (Scotland) Act 1924

39 Where exposure to sale to take place.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40 Exposure in lots and apportionment of feu-duty.

(1) Land, or any part thereof, sold in exercise of a power of sale under a bond and disposition in security may be exposed to, or offered for, sale either in whole or in lots, and in the former case at such upset price or prices as the creditor may think proper, and in the latter case at the best price that can be reasonably obtained subject to such proportion of any existing ... valued rent or land tax, as the creditor may think proper, and, without prejudice to the rights of any third party, the creditor may, in selling the land in lots, provide that the proprietor for the time being of any lot shall be obliged to relieve the proprietor or proprietors of another lot or lots of the whole or such part of an existing ... land tax, as the creditor may think proper, and for that purpose the creditor may create such obligation a real burden on such lot. (2) Where there is a sale as aforesaid in lots, the creditor shall have power to create such rights and impose such duties and conditions (whether or not by creating a real burden) as he considers may be reasonably required for the proper management, maintenance and use of any part of the land to be held in common by the owners for the time being of the lots. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41 Purchasers protected.

(1) All proceedings relating to the redemption or calling up of, or a sale under, a bond and disposition in security shall be valid and effectual notwithstanding that any person to whom premonition or notice requires to be given in terms of this Act may be subject to any legal disability by reason of nonage or otherwise, and any sale and disposition in implement thereof shall be as valid to the purchaser as if made by the proprietor of the land not being under disability, and any such disposition shall import an assignation to the purchaser of the warrandice contained or implied in the bond and disposition in security under which the land is sold, and also an obligation by the granter of the security to ratify, approve and confirm the sale and disposition. (2) Where a disposition of land is duly recorded in the appropriate Register of Sasines and that disposition bears to be granted in the exercise of a power of sale contained in a deed granting a bond and disposition in security, and the exercise of that power wasex facieregular, the title of abona fidepurchaser of the land for value shall not be challengeable on the ground that the debt had ceased to exist, unless that fact appeared in the said Register, or was known to the purchaser prior to the payment of the price, or on the ground of any irregularity relating to the sale or in any preliminary procedure thereto; but nothing in the provisions of this subsection shall affect the competency of any claim for damages in respect of the sale of the land against the person exercising the said power.

42 Mode of disburdening land sold under power of sale in heritable security.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43 Act to apply to all heritable securities.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44 General Register of Inhibitions and Register of Adjudications to be combined; limitation of effect of entries therein.

(1) The General Register of Inhibitions and Interdictions and the Register of Adjudications shall be combined, and the Keeper thereof shall keep only one register for inhibitions, interdictions, adjudications, reductions, and notices of litigiosity, and such register shall be called the Register of Inhibitions and Adjudications; and a reference in any public, general or local Act to the General Register of Inhibitions or the Register of Adjudications shall be deemed to mean and include such Register of Inhibitions and Adjudications. (2) (a) No action whether raised before or after the commencement of this Act relating to land or to a lease or to a heritable security, shall be deemed to have had or shall have the effect of making such land, lease or heritable security litigious, unless and until — (i) a notice relative to such action in or as nearly as may be in the form of Schedule RR annexed to the Titles to Land Consolidation (Scotland) Act, 1868, shall have been or shall be registered in the Register of Inhibitions and Adjudications in the manner provided by section one hundred and fifty-nine of that Act ; or (ii) a notice of an application under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 has been registered in the said register. (b) No decree in any action of adjudication of land or of a lease or of a heritable security, whether pronounced before or after the commencement of this Act, and no abbreviate of any such decree shall be deemed to have had or to have any effect in making such land, lease or heritable security litigious. (2A) A notice registered under subsection (2)(a)(i) of this section on or after the date on which section 67 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (warrant to place a caveat) comes into force shall not have any effect in rendering— (a) any land or lease for which there is a title sheet in the Land Register of Scotland, or (b) any heritable security the particulars of which are entered in a title sheet in that register, litigious or in placing in bad faith any person acquiring such land, lease or heritable security. (3) (a) All inhibitions and all notices of litigiosity registered in terms of section one hundred and fifty-nine of the Titles to Land Consolidation (Scotland) Act, 1868, subsisting at the commencement of this Act shall prescribe and be of no effect on the lapse of five years after such commencement or at such earlier date as they would prescribe according to the present law and practice; and all ... , notices of litigiosity and notices of applications under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 which relate to land or to a lease or to a heritable security and which shall be first registered after the commencement of this Act, shall prescribe and be of no effect on the lapse of five years from the date on which the same shall respectively take effect: Provided that in no case shall litigiosity be pleadable or be founded on to any effect after the expiry of six months from and after final decree is pronounced in the action creating such litigiosity. (aa) all inhibitions shall cease to have effect on the lapse of five years from the date on which they take effect. (b) From and after the commencement of this Act interdiction, whether judical or voluntary, shall be incompetent, and any interdiction which is legally operative at such commencement shall remain legally operative for not longer than the period of five years thereafter. (4) (a),(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) No deed, decree, instrument or writing granted or expede by a person whose estates have been sequestrated under the Bankruptcy (Scotland) Act, 1856, or the Bankruptcy (Scotland) Act. 1913 or the Bankruptcy (Scotland) Act 1985 or the Bankruptcy (Scotland) Act 2016, or the heirs, executors, successors or assignees of such person relative to any land or lease or heritable security belonging to such person at the date of such sequestration or subsequently acquired by him shall be challengeable or denied effect on the ground of such sequestration if such deed, decree, instrument or writing shall have been granted or expede, or shall come into operation at a date when the effect of recording (a) the abbreviate provided for under section forty-four of the said Act of 1913, as amended by this Act, shall have expired in terms of the said section as amended as aforesaid ; or (b) under subsection (1)(a) of section 14 of the Bankruptcy (Scotland) Act 1985 or (1)(a) of section 26 of the Bankruptcy (Scotland) Act 2016 the certified copy of an order shall have expired by virtue of subsection (3) of the said section 14 or (4) of the said section 26, unless the trustee in such sequestration shall before the recording of such deed, decree, instrument or writing in the appropriate Register of Sasines have completed his title to such land, lease or heritable security by recording the same in such register or have recorded a memorandum in such register in the form provided by Schedule O to this Act Provided always, in the case of sequestrations awarded under the Bankruptcy (Scotland) Act, 1856, that the provisions of this section shall not apply to any deed, decree, instrument or writing dated within five years after the commencement of this Act. (5) The provisions of this section shall not affect the ranking of adjudgers inter se, or any real right obtained in virtue of a decree of adjudication, or in virtue of a decree pronounced in an action creating litigiosity, or by a trustee in bankruptcy, if such right has been completed by the recording in the appropriate Register of Sasines of any deed, decree, abbreviate, or instrument necessary to effect the completion of such right. (6) Section one hundred and fifty-nine of the Titles to Land Consolidation (Scotland) Act, 1868, and sections sixteen and seventeen of the Land Registers (Scotland) Act, 1868, . . . , are hereby amended in accordance with this section, and section forty-two of the Conveyancing (Scotland) Act, 1874, and Schedule J thereto annexed, are hereby repealed.

45 Provision for termination of perpetual trusts of moveables.

In any case where the provisions of section nine of the Trusts (Scotland) Act, 1921, would apply to any deed, and to the right of any party thereunder if such deed had been dated after the thirty-first day of July, eighteen hundred and sixty-eight, the provisions of the said section shall, from and after the passing of this Act, apply to such deed and to the right of any party thereunder notwithstanding that the same be dated on or prior to the said thirty-first day of July, eighteen hundred and sixty-eight: Provided that, in the application of the said provisions to the deeds to which this section refers and to the right of any party thereunder, the date of such deeds shall be deemed to be the date of the passing of this Act.

46 Extract decree of reduction to be recorded.

(1) In the case of the reduction of a deed, decree or instrument recorded in the Register of Sasines or forming a midcouple or link of title in a title recorded in the said register there shall be recorded in the said register either an extract of the decree of reduction of such deed, decree or instrument, or a title in which such extract decree forms a midcouple or link of title, and such decree of reduction shall not be pleadable against a third party who shall in bona fide onerously acquire right to the land, lease or heritable security contained in the deed, decree, or instrument reduced by such decree of reduction prior to an extract of such decree of reduction, or a title, in which it forms a midcouple or link of title, being recorded in the Register of Sasines. (2) Subsection (1) shall apply to the rectification of a document by an order under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 as it applies to the reduction of a deed but with the substitution of any reference to the decree of reduction of the deed with a reference to the order rectifying the document. (3) Where— (a) an arbitral award orders the reduction of a deed or other document recorded in the Register of Sasines (or forming a midcouple or link of title in a title recorded in that Register), and (b) the court orders that the award may be enforced in accordance with section 12 of the Arbitration (Scotland) Act 2010 (asp 1), subsection (1) applies to the arbitral award as it applies to a decree of reduction of a deed recorded in the Register of Sasines.

46A Further provision as regards decree of reduction

(1) Where a deed mentioned in subsection (2) is reduced, the decree of reduction— (a) may be registered in the Land Register of Scotland, and (b) does not have real effect until so registered. (2) The deed is one which— (a) is voidable, and (b) relates to a plot of land or lease registered in the Land Register of Scotland. (3) Subsection (1) applies to an arbitral award which— (a) orders the reduction of a deed mentioned in subsection (2), and (b) may be enforced in accordance with section 12 of the Arbitration (Scotland) Act 2010 (asp 1), as it applies to a decree of reduction.

47 Re-recording of deeds relative to leasehold subjects.

Where in terms of the Registration of Leases (Scotland) Act, 1857, or of section twenty-four of this Act, any deed or extract shall have been recorded in the appropriate Register of Sasines, and where in terms of that Act or of the said section any such deed or extract shall fall to be recorded again, or where any extract from a competent register of any deed the principal of which has already been recorded in the appropriate Register of Sasines falls to be so recorded, it shall not be necessary for the keeper of the Register of Sasines in which such deed or extract falls to be recorded, or in which such extract of any recorded deed falls to be recorded, to engross such deed or extract in the register at length, but the keeper of such Register of Sasines may in place of such engrossment enter in the register a short memorandum specifying the deed or extract and the book and folio in which the same is already engrossed, and in the case of an extract of a deed the principal of which has already been recorded in the appropriate Register of Sasines the book and folio in which the principal is already engrossed, and such memorandum shall have the same effect as if the deed or extract were engrossed in the register at length in place of such memorandum.

48 Duplicate plans may be retained with Register.

Where any writ which refers to a plan signed as relative thereto is presented or transmitted by post for registration in the General Register of Sasines it shall be competent to ingive to the said register along therewith a duplicate of such plan, docqueted with reference to the said writ and authenticated in the same manner as the principal plan, and such duplicate plan shall be retained in the said register. The ingiving of such duplicate plan shall be noted in the register, and acknowledgment of the receipt thereof shall be marked by the keeper of the register on the plan signed as relative to the writ. Along with each register volume transmitted to the Keeper of the Records for custody there shall be sent the duplicate plans, if any, relative to any of the writs engrossed in such volume. Such duplicate plans when transmitted to the Keeper of the Records shall remain in his custody, subject to the same rights on the part of the public to have access thereto as apply to the Record Volumes.

49 Saving clause.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Nothing in this Act contained shall affect the preparation of the printed minutes and printed indexes of persons and places applicable to each county in Scotland, and the Keeper of the General Register of Sasines shall supply as full information in the printed minute books as hitherto according to the existing law and practice.

49A Power of the Scottish Ministers to prescribe forms

(1) The Scottish Ministers may, by order, modify any schedule to this Act. (2) Such an order may, in particular, substitute for any form, notice, clause, warrant or other deed for the time being set out in such a schedule another such form, notice, clause, warrant or other deed. (3) An order under this section is subject to the affirmative procedure.

SCHEDULE A

Form No. 1 CLAUSE OF DEDUCTION OF TITLE IN A DISPOSITION OF LAND WHERE THE GRANTER DOES NOT HAVE A RECORDED TITLE [To be inserted immediately after the clause specifying the date or term of entry or after the dispositive clause where no date or term of entry is specified.] Which lands and others (orsubjects) were last vested [orare part of the lands and others (orsubjects) last vested] inA.B.,(designation of person having last recorded title), whose title thereto is recorded in (specify Register of Sasines and date of recording, or if the last recorded title has already been mentioned say in the said A.B. as aforesaid), and from whom I acquired right by (here specify shortly the writ or series of writs by which right was so acquired). Note to Form No. 1 of Schedule A If any conditions, reservations, provisions, obligations, servitudes or other burdens which effect the land or any part thereof or qualify the granter’s right thereto be contained in or imposed by the writ or any of the writs by which the granter acquired right and are proper to be inserted, insert the same at length in the dispositive clause, and if they affect only part of the land specify the part or parts of the land affected thereby, and in case of money burdens specify the amounts thereof and the name and designation or designative description of the creditor therein, all as in the writ containing or imposing such money burdens, and in all cases specify the writ or writs containing or imposing such conditions and others. Form No. 2 Clause transmitting Personal Obligation in a Heritable Security in a Disposition of Land I, A.B. (designation), in consideration of (specify any part of price paid in money) and in consideration also of C.D. (designation) undertaking as by his signature hereto he undertakes the personal obligation contained in a bond and disposition in security for the sum of (insert amount) granted by me [or by E.F. (original debtor)] in favour of G.H. (original creditor), dated (insert date), and recorded in (specify Register of Sasines and date of recording) do hereby dispone, &c.

SCHEDULE B Forms of notice of title: Register of Sasines

Section 15. Form No. 1 On behalf of a Person who has Right to Land by a Title which has not been recorded in the appropriate Register of Sasines and which is not to be recorded along with the Notice of Title. Be it known thatA.B. (designation) has right as proprietor (orlife-renterorproprietor in trustor otherwise, as the case may be) to all and whole [here describe the land or refer to description thereof as in Schedule D. to this Act or as in Schedule G. to the Titles to Land Consolidation (Scotland) Act,1868;and if ... any conditions, reservations, provisions, obligations servitudes, or other burdens which affect the land or any part thereof ... or qualify A.B.’s right thereto be contained in or imposed by the writ or any of the writs by which A.B. acquired right and are proper to be inserted, here insert the same at length, and if they affect only part of the land specify the part or parts of the land affected thereby, and in case of money burdens specify the amount thereof and the name and designation or designative description of the creditor therein all as in the writ containing or imposing such money burdens, and in all cases specify the writ or writs containing or imposing such conditions and others]; Which lands and others (orsubjects) were last vested [orare part of the lands and others (orsubjects) last vested] inC.D. (design person having last recorded title), whose title thereto was recorded in (specify Register of Sasines and date of recording, or if the last recorded title has already been mentioned sayin the saidC.D. as aforesaid), and from whom the saidA.B. acquired right by (here specify shortly the writ or series of writs by which he acquired right); Which last recorded title and subsequent writ (orwrits) have been presented to me,Y.Z. (designation), Notary Public, (orLaw Agent). Testing clause+ Y.Z. Form No. 2 On behalf of a Person who has Right to Land conveyed by an Unrecorded Special Conveyance which is to be recorded along with the Notice of Title. Be it known that A.B. (designation) has right as proprietor (or life-renter or proprietor in trust or otherwise, as the case may be) to all and whole the lands and others (or subjects) disponed by (or contained in) the disposition (or feu charter or other special conveyance) granted by C.D. (designation) in favour of E.F. (designation) dated (insert date), and recorded in (specify Register of Sasines) of even date herewith [if any conditions, reservations, provisions, obligations, servitudes or other burdens affecting the land or any part thereof or qualifying A.B.’s right thereto be contained in or imposed by the writ or any of the writs by which A.B. acquired right other than such special conveyance and are proper to be inserted, here insert the same at length, and if they affect only part of the land specify the part or parts of the land affected thereby, and in case of money burdens specify the amount thereof and the name and designation or designative description of the creditor therein, all as in the writ containing or imposing such money burdens, and in all cases specify the writ or writs containing or imposing such conditions and others]; To which lands and others (orsubjects) the said A.B. acquired right by the foresaid disposition (or as the case may be) and by (here specify shortly the subsequent writ or series of writs by which he acquired right); Which disposition and subsequent writ (or writs) have been presented to me (as in Form No. 1 of this Schedule). Testing clause+ Form No. 3 On behalf of a Person who has Right to a recorded Heritable Security by a Title which has not been recorded in the appropriate Register of Sasines and which is not to be recorded along with the Notice of Title. Be it known thatA.B. (designation) has right (adding if such be the caseto the extent aftermentioned) to a bond and disposition in security (or as the case may be) for the sum of (insert amount) granted byC.D. (design original debtor) in favour ofE.F. (design original creditor), dated (insert date) and recorded in [specify Register of Sasines and date of recording; adding, if necessary, but only to the extent of (insert sum) of principal]; Which bond and disposition in security was last vested in the saidE.F. as aforesaid [or if E.F. is not the person ... holding the last recorded title thereto, sayWhich bond and disposition in security (adding if necessary, to the extent foresaidor as the case may be) was last vested inG.H. (design person holding the last recorded title thereto), whose title thereto was recorded in said Register of Sasines (or as the case may be, and give date of recording)], and from whom the saidA.B. acquired right (adding, if necessary, to the extent foresaid,or as the case may be), by (here specify shortly the writ or series of writs by which he acquired right); Which last recorded title and subsequent writorwrits) have been presented to me (as in Form No. 1 of this Schedule). Testing clause+ Form No. 4 ... ... Form No. 5 On behalf of a Person who has Right to an unrecorded Heritable Security which is to be recorded along with the Notice of Title. Be it known that A.B. (designation) has right (adding if such be the caseto the extent aftermentioned) to a bond and disposition in security (or as the case may be) for the sum of (insert amount) granted by C.D. (designation) in favour of E.F. (designation) dated (insert date), and recorded in (specify Register of Sasines) of even date herewith [adding if necessarybut only to the extent of (insert sum) of principal]; To which bond and disposition in security (adding if necessary to the extent foresaid or as the case may be) the said A.B. acquired right by (here specify shortly the writ or series of writs by which he acquired right); Which bond and disposition in Security (or as the case may be) and subsequent writ (or writs) have been presented to me (as in Form No. 1 of this Schedule). Testing clause+ Form No. 6 ... Notes to Schedule B Note 1.—Where the description in the last recorded title is a particular description, the description in Form No. 1 of this Schedule should be by reference thereto, unless there is reason to the contrary. Note 2.—In adapting Form No. 2 of this Schedule to the case of a person who has right to only a part of the land contained in a unrecorded conveyance, deed, or decree there shall be inserted immediately before the words “all and whole” a description of such part of the land, and the form may then proceedwhich lands and others(orsubjects)are part of. Note 3.—If the original title to a bond and disposition in security or other heritable security has been completed otherwise than by recording the same in the appropriate Register of Sasines add immediately after the mention of the date thereofand instrument of sasine(ornotarial instrument, or if such be the caseand along with notice of title)thereon(adding if such instrument or notice is not in favour of the original creditor the name and designation of the person in whose favour it is conceived)recorded in(specify Register of Sasines and date of recording). Note 4.—In adapting Forms Nos. 3 and 5 of this Schedule to real burdens for capital sums, there shall be substituted for the specification of the bond and disposition in security the following:A real burden for the sum of(insert amount)payable to E.F. (designation)in terms of(specify the disposition or other deed under which the real burden was reserved or constituted, giving the names and designations of the granter and grantee, or of the parties thereto),dated(insert date)and recorded in(specify Register of Sasines and date of recording); and in specifying the writs by whichA.B. acquired right to such real burden there shall in Form No. 5 be mentioned as the first of such writsthe said disposition(or other deed as above), and the same shall along with the other writ or writs be presented to the Agent expeding the notice of title. Note 5. . . . Note 6.—Where in place of the principal titles or writs on which any notice of title bears to proceed there are presented to the agent expeding such notice extracts or office copies thereof, the statement in the notice as to the presentation of such titles or writs may be varied accordingly; but it shall be no objection to any notice of title that it states that the principal titles or writs were so presented although there were presented only extracts of office copies of such titles or writs. Note 7.—Where a deed, decree or heritable security is to be recorded along with a notice of title it should be docqueted as follows:—Docqueted with reference to notice of title in favour ofA.B.recorded of even date herewith. +Note 8— In the case of a traditional document, subscription of it by the notary public (or law agent) on behalf of the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995, which also makes provision as regards the authentication of an electronic document ). Y.Z. (designation), Agent.

SCHEDULE BA Form of notice of title: Land Register

SCHEDULE C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE D Clause of Reference to a Description of Land contained in a prior Conveyance, Deed, or Instrument

Sections 4(2), (4), 24(3). All and whole the lands and others (or subjects) in the county of (or in the burgh of and county of as the case may be) described in (refer to the conveyance, deed, or instrument in such terms as shall be sufficient to identify it, and specify the Register of Sasines in which it is recorded and date of recording, or where the conveyance, deed, or instrument referred to is recorded on the same date as the conveyance, deed, or instrument containing the reference substitute for the date of recording the wordsof even date with the recording of these presents):— Notes to Schedule D Note 1.—In referring to a Deed containing a particular description or to a Deed containing reservations, real burdens, conditions, provisions, limitations, obligations and stipulations affecting lands it shall be sufficient to give the names of the granter and grantee or of the parties thereto without adding their designations, and when there are several granters or grantees or several parties acting in the same category it shall be sufficient to give the name of the first mentioned person only with the addition of the words and others;and where the granter or granters or grantee or grantees, or the parties or one of the parties thereto acts or act in a fiduciary capacity it shall be sufficient to state such capacity without giving their individual name or names, e.g.: (a) Feu Charter granted by A.B. in favour of C.D., dated (insert date) and recorded in (specify Register of Sasines and give date of recording). (b) Disposition granted by C.D. and others in favour of E.F. and others, dated, &c. (as above) (c) Notarial Instrument (or Notice of title) in favour of the Trustee (or Trustees) of G.H. (or the Judicial Factor of J.K. or the Trustee on the Sequestrated Estates of L.M. or the Liquidator of the N.O. Company Limited, oras the case may be) recorded in (specify Register of Sasines and date of recording). Note 2.—Where it is desired to insert a short description of the land or subjects, this may be done as follows:—All and whole that dwelling-house, number ten, Rosebery Crescent, Edinburgh,(or the east most half-flat on the second storey of the tenement entering from number fifteen, Lothian Street, Edinburgh,or otherwise, as the case may be) in the county of Edinburgh, described in, &c. (as above). Note 3.—If part only of the land or subjects described in a former recorded conveyance, deed, instrument, or notice of title is being conveyed or otherwise dealt with for the first time as a separate subject, such part should be described at length, adding being part of the lands and others (or subjects) in the county of or in the burgh of and county of described in, &c. (as above); or thus: All and Whole the lands and others (or subjects) in the county of or in the burgh of and county of described in, &c. (as above), with the exception of (describe the part excepted). Note 4.—If several lands or subjects are described in the conveyance, deed, or instrument referred to, and it is intended to specify one or more of them, these may be distinguished from the others thus: All and Whole the lands and others (or subjects) first (or second and third) described in, &c. (as above, or otherwise, as the case may be).

SCHEDULE I

SCHEDULE J Registrable Leases

Section 18. A lease (or tack) granted by E.F. (designation) in my favour [or in favour of G.H. (designation) or as the case may be] of the subjects therein described lying in the county of (or burgh of and county of ) dated (insert date) and recorded in (specify Register of Sasines and date of recording). Notes to Schedule J Note 1.—If the recording of a lease in the appropriate Register of Sasines has been effected by a successor of the original lessee, add immediately after the mention of the date thereof and along with notarial instrument (or notice of title) thereon in favour of (giving the name and designation of the person in whose favour it is conceived) recorded in (specify Register of Sasines and date of recording). Note 2.—Where any deed authorised by this Act relates to part only of the subjects contained in a lease add but in so far only as regards the following portion of the subjects leased, viz. (here describe the portion or refer to description thereof as in Schedule D hereto). Note 3.—Where the granter of an assignation of a recorded lease or of a bond and assignation in security of a recorded lease is not the original lessee but has a recorded title no specification of the granter’s title is required. Note 4.—In an assignation or renunciation of a recorded lease the title of the granter of which assignation or renunciation is not recorded, and in a notice of title to a recorded lease, insert which lease (adding if necessary to the extent foresaid or as the case may be) was last vested in the said G.H. as aforesaid [or if G.H. is not the person having such title say in J.K. (design person having such title) whose title thereto is recorded in said Register of Sasines (or as the case may be, and give date of recording)], and from whom I (in the case of an assignation or renunciation) or the said A.B. (in the case of a notice of title) acquired right by (here specify shortly the writ or series of writs by which right was so acquired by the person granting the assignation or renunciation, or expeding the notice of title.) Note 5.—Where a title to an unrecorded lease is being completed by notice of title under this Act the lease shall be referred to in manner above prescribed except that the Register of Sasines shall be specified, and for the date of recording of the lease there shall be substituted the words of even date herewith.

SCHEDULE O Form of Memorandum to be recorded in the Register of Sasines

Memorandum with regard to the subjects after described: With reference to the subjects (describe particularly or by reference) T. the trustee in the sequestration of B. has obtained a vesting order under section 98 of the Bankruptcy (Scotland) Act 1913 dated (insert date of order). The memorandum should be signed by the trustee or his law agent, dated, and recorded ... in the appropriate division or divisions of the Register of Sasines. The form may be adapted in the case of a lease thus:— Memorandum with regard to the lease after-mentioned: With reference to the lease granted by C in favour of D of the subjects therein described lying in the county of K, dated (insert date), and recorded in [specify Register of Sasines and date of recording], T. the trustee &c. and in the case of a heritable security thus:— Memorandum with regard to the bond and disposition in security after-mentioned: With reference to the bond and disposition in security for the sum of (insert sum) granted by E in favour of F dated (insert date) and recorded in (specify Register of Sasines and date of recording), T. the trustee &c.