Heritable Securities (Scotland) Act 1894
Heritable Securities (Scotland) Act 1894 (1894 c. 44)
- Heritable Securities (Scotland) Act 1894 (1894 c. 44)
- 1 Short title.
- 2 †Extent and commencement of Act.
- 3 Tenants need not be parties to actions of maills and duties.
- 4 Power to interpel security holder.
- 5 Power to eject proprietor in personal occupation.
- 5A Court powers on section 5 proceedings relating to residential property
- 5B Section 5 proceedings relating to residential property: pre-action requirements
- 5C Application to court by entitled residents
- 5D Entitled residents: definition
- 5E Recall of decree
- 5F Lay representation in section 5 proceedings relating to residential property etc.
- 6 Power to lease security subjects for seven years or under.
- 7 Sheriff may grant power to lease security subjects for longer periods, not more than 21 years for heritable property in general, and 31 years for minerals.
- 8 Provisions for security holders becoming proprietors of security subjects.
- 9 Completion of title of security holders. Personal obligation of debtor to remain so far as not extinguished by price.
- 10 Purchaser’s title indefeasible.
- 11 Sheriff may grant power to pari passu security holder to sell pari passu security.
- 12 Provisions anent procedure.
- 13 Provisions of Act to have effect notwithstanding incapacity of debtor. Trustees and others to have powers conferred by Act.
- 14 Security holders under Registration of Leases Act to have same powers as security holders.
- 15 Sheriff to have jurisdiction whatever value of lands.
- 16 Provisions as to notice where debtor has died and heir cannot be ascertained.
- 17 Rights under existing law reserved.
- 18 Interpretation clause.
- 19 Saving as to rights of Crown.
- SCHEDULES