S9.1 Background

1924 Act

The facility of deducing title was first introduced by the Conveyancing (Scotland) Act 1924. By section 3 a person having right to heritable property &c., but whose title has not been completed by being recorded, may deduce their title from the person last infeft in terms of Form No.1 of Schedule A in the case of land and also in terms of Note 2 to Schedule K in the case of an Assignation, Discharge or Restriction of a heritable security. Where such a deduction appears in a writ it will be minuted immediately after the description of the subjects.

Section 3 provides for the insertion of a deduction only in:
1. a Disposition of land or
2. an Assignation, Discharge or Deed of Restriction of a recorded heritable security by the person who has right to such land or security from the person last infeft.

1970 Act

Section 12 of the Conveyancing and Feudal Reform (Scotland) Act 1970 provides for the insertion of a deduction of title in the form prescribed by Note 2 or 3 of Schedule 2 of that Act where a Standard Security is granted by a person uninfeft. Note 1 to Schedule 4 provides for a deduction of title for an assignation, discharge, variation or deed of restriction of a standard security.