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Lords Amendment: No. 19, in page 21, line 9, leave out from beginning to "crownhold" in line 11 and insert:
As respects land in Scotland, where a disposition containing a crownhold covenant, being a disposition which it is lawful to record in the General Register of Sasines, is so recorded, and in the case of any such disposition which is not so recordable, the
§ Dr. Dickson MabonI beg to move, That this House doth agree with the Lords in the said Amendment.
This subsection was amended in the other place both in Committee and on Report, because it was clearly seen that the consequence of making crownhold covenants binding on successors whether the disposition was recorded on the General Register of Sasines or not was against the Scottish legal tradition. There was the question of non-recordable dispositions to be covered also. It was considered that, under the subsection as drafted, all recordable dispositions would be recorded and in practice, therefore, there would be no departure from the Scottish tradition, but after representations were made to us, in order to put the matter beyond doubt, the Government amended the matter further on Report in the other place.
It is possible for a crownhold covenant to be applied to a disposition, for example, of a lease for less than 31 years, which is not recordable, and it would not be appropriate, therefore, to make recording a condition of the binding of 1582 successors without exception. It was believed that, on balance, we should agree to make an Amendment of this kind, and this is the end result. I ask the House to accept it.
§ Question put and agreed to.