General Vesting Declaration - Example Deeds

General

A general vesting declaration is registrable by virtue of section 195 and Schedule 15 of the Town and Country Planning (Scotland) Act 1997. The statutory form of general vesting declaration is provided by Schedule 6 of the Compulsory Purchase of Land (Scotland) Regulations 2003. A general vesting declaration must be in that form or be substantially similar to the form provided - see examples.

A general vesting declaration is used as part of the process of compulsory purchase, and the effect of registration is to transfer ownership of the land described in the acquiring authority.

A general vesting declaration should contain either a description by reference to a recorded or registered title(s), or a particular description of the lands affected, which may be by way of a bounding description or reference to a new deed plan.

Useful links

Compulsory Acquisition

Example Schedule A Conveyance

Examples

Statutory form of GVD

We (name of acquiring authority) in exercise of the powers conferred by section 195 of the Town and Country Planning (Scotland) Act 1997 and the authorisation given to us by the (title of the order) Compulsory Purchase Order 20 , ) [recorded in the Division of the General Register of Sasines applicable to the County of on (insert date of recording)] [registered in the Land Register of Scotland under title number(s) (insert title number/s) ] HEREBY DECLARE that the land described in the [First (only required if there is a Second schedule for burdens etc being preserved)] Schedule hereto, together with the right to enter upon and take possession of the same shall vest in us on (e) being the end of a period which meets the requirements of paragraph 1 as read with paragraph 4 of Schedule 15 to the Town and Country Planning (Scotland) Act 1997. (f) [Registration of the general vesting declaration [shall not extinguish the real burdens or servitudes] [shall not disapply the development management scheme] described in the Second Schedule hereto [but shall vary the real burdens and servitudes as specified in that Schedule] [shall extinguish all rights to enforce such real burdens or servitudes other than the rights of those benefited proprietors and holders of personal real burdens specified in that Schedule] [shall extinguish the real burdens and servitudes described in the Second Schedule hereto only in relation to those parts of the burdened property specified in that Schedule].]