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Long Leases (Scotland) Act 1954

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This is the original version (as it was originally enacted).

14Provisions where lease or sub-lease assigned by ex facie absolute assignation

Where a feu right of any subjects is to be granted under this part of this Act and the lease or sub-lease under which the occupying lessee holds the interest of lessee has been assigned by ex facie absolute assignation—

(a)the feu contract to be entered into in accordance with the provisions of section eleven of this Act shall dispone the subjects to the occupying lessee ;

(b)the renunciation referred to in paragraph (b) of the said section eleven shall be granted by the occupying lessee and the person for the time being in right of the said assignation (hereafter in this section referred to as " the assignee ") for their respective interests in the lease or sub-lease to the extent that the lease or sub-lease relates to the subjects;

(c)the feu contract shall be signed also by the assignee and, where the assignee fails to sign the feu contract within two months after he has been called upon to do so, the provisions of subsections (2) and (4) of the last foregoing section shall apply as if the assignee were the landlord or an intermediate landlord ;

(d)the occupying lessee shall forthwith dispone the subjects to the assignee by an ex facie absolute disposition which shall be recorded in the Register of Sasines along with the feu contract.

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