S3.4 Liferents
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A Liferent is a destination which constitutes a burden on the property and confers a real right to occupy the property during the lifetime of the entitled person. Any reference to a liferent interest being created or renounced, or to a liferenter consenting in a deed, must be reflected in the minute. A reservation of liferent in a Disposition is minuted after the description of the subjects.
?q9?nBLAIR TERRACE?z, PITLOCHRY, referred to in Disp. to Ian John, recorded 1 May 1901, - reserving liferent to ?pANN ?nJONES?z, 12 Merryvale Terrace, Antrim. Dated 28 Apr. 2005.
When a liferent interest is created, it is minuted as follows:
“TO ?pANN ?nJONES?z, 12 Merryvale Terrace, Antrim, in liferent and ?pVALERIE ?nJONES?z, 7 Norman Street, Windsor, in fee”.
If a liferenter consents in a deed, it is minuted as:
“with consent of ?pANN ?nJONES?z, 7 Merryvale Terrace, Antrim, for her liferent interest.”
If the liferent interest is created as a burden in a Disposition, like a reservation of liferent, it is minuted after the description of the subjects:
“under burden of liferent in favour of ?pANN ?nJONES?z, 7 Merryvale Terrace, Antrim. Dated …”
In each case the person entitled to the liferent is named, coded and designed in the minute. A liferent interest is extinguished at the death of the entitled person, and during their lifetime it is only a right to occupy the subjects.
In such cases the Application may be on behalf of the fiar or on behalf of the fiar and the liferenter.
Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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