# Conveyancing (Scotland) Act 1874, Section 47: Securities upon land, and relative personal obligations, shall transmit against heirs and disponees.

Extent: S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . an heritable security for money, duly constituted over land, or over a real right in land, shall, together with any personal obligation to pay principal, interest, and penalty contained in the deed or instrument whereby the security is constituted, transmit against any person taking such land or real right by succession, gift, or bequest, or by conveyance, when an agreement to that effect appears in gremio of the conveyance, and shall be a burden upon his title in the same manner as it was upon that of his ancestor or author, without the necessity of a bond of corroboration or other deed or procedure; and the personal obligation may be enforced against such person by summary diligence or otherwise, in the same manner as against the original debtor. A warrant to charge may be applied for and validly granted in the Bill Chamber or in a Sheriff Court, in the form set forth in Schedule K. hereto annexed, or in a similar form, and all diligence may thereafter proceed against the party in common form. A discharge of the personal obligation of the original or any subsequent debtor, whether granted before or after the commencement of this Act, shall not where the debt still exists prejudice the security on the land or real right or the obligation as hereby made transmissible against the existing proprietor.

---
Source: https://www.legislation.gov.uk/ukpga/Vict/37-38/94/section/47 (the official version)
Page: https://openlegislation.uk/conveyancing-scotland-act-1874/section-47
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.