{
  "url": "https://openlegislation.uk/land-registration-etc-scotland-act-2012/section-92",
  "json_url": "https://openlegislation.uk/land-registration-etc-scotland-act-2012/section-92.json",
  "legislation": "asp/2012/5",
  "legislation_title": "Land Registration etc. (Scotland) Act 2012",
  "legislation_url": "https://openlegislation.uk/land-registration-etc-scotland-act-2012",
  "path": "section/92",
  "kind": "section",
  "number": "92",
  "heading": "Extinction of encumbrance when lease assigned",
  "text": "(1) Where the conditions mentioned in subsection (2) are met, a person (“A”) who acquires a registered lease on registration or on a later date by virtue of section 88(4)(b)—\n(a) takes that lease free of an encumbrance—\n(i) of a kind mentioned in subsection (4), and\n(ii) which is not entered in the title sheet as at the date on which A acquires the registered lease, and\n(b) any such encumbrance is extinguished.\n(2) The conditions are that, as at the date on which the lease is acquired—\n(a) A is in good faith, and\n(b) the title sheet is not, by virtue of section 67, subject to a caveat relevant to such acquisition by A.\n(3) Subsection (1) does not apply to an heritable security which is not entered in the securities section of a shared lease title sheet by virtue of paragraph 8(b) of schedule 1.\n(4) The encumbrances are—\n(a) a heritable security over the lease,\n(b) a title condition such as is mentioned in paragraph (d) or (e) of the definition of “title condition” in section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 92 in force at 8.12.2014 by S.S.I. 2014/127, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2012/5/section/92",
    "retrieved_at": "2026-10-29T20:14:50.857744+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}