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Section 7 Sheriff may grant power to lease security subjects for longer periods, not more than 21 years for heritable property in general, and 31 years for minerals.C1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Any creditor in possession of lands F1by virtue of an adjudication may apply to the sheriff for warrant to let the lands F2... or part thereof, for a period exceeding seven years, setting forth the name of the proposed tenant or tenants, the duration and conditions of the proposed lease; and the sheriff may, after service on the proprietor and on the other heritable creditors, if any, and after such intimation and inquiry as he may think proper, and if satisfied that a lease for a longer period than seven years is expedient for the beneficial occupation of the lands, approve of the proposed lease on the terms and conditions proposed, or on such other terms and conditions as may appear to him expedient: Provided always, that such lease shall in no case exceed twenty-one years for heritable property in general and thirty-one years for minerals.

Annotations

Textual amendments

F1

Words in s. 7 substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 13(3)(a) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F2

Words in s. 7 repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 13(3)(b), 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

Modifications

C1

S. 7 excluded by Conveyancing and Feudal Reform (Scotland) Act 1970 (C. 35), s. 32, Sch. 8 para. 19