| Abolition of Feudal Tenure etc. (Scotland) Act |
| 2000 asp 5 - continued |
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PART 2 |
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LAND TRANSFERS ETC. ON AND AFTER APPOINTED DAY |
| 4 | Ownership of land
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(1) Ownership of land shall pass-
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(a) in a case where a transfer is registrable under section 2 of the Land Registration (Scotland) Act 1979 (c.33), on registration in the Land Register of Scotland; |
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(b) in any other case, on recording of a conveyance of the land in the Register of Sasines. |
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(2) This section is without prejudice to any other enactment, or rule of law, by or under which ownership of land may pass.
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(3) In subsection (1) above-
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(a) "conveyance" includes- |
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(i) conveyance by, or under, any enactment, rule of law or decree; and
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(ii) a notice of title deducing title through a conveyance; and
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(b) "registrable" and "registration" have the meanings respectively assigned to those expressions by section 1(3) of the Land Registration (Scotland) Act 1979 (c.33). |
| 5 | Form of application for recording deed in Register of Sasines
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(1) Any application for the recording of a deed in the Register of Sasines shall be made by, or on behalf of, the person in whose favour the deed is granted; and it shall not be necessary to endorse on any deed a warrant of registration.
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(2) The Scottish Ministers may, after consultation with the Lord President of the Court of Session, make rules-
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(a) prescribing the form to be used for the purposes of subsection (1) above; and |
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(b) regulating the procedure relating to applications for recording. |
| 6 | Deduction of title for unregistered land etc.
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(a) a real right in which has never been registered in the Land Register of Scotland; and |
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(b) title to which has never been constituted by the recording of a deed in the Register of Sasines, |
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title may be deduced from any person having ownership of the land.
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