A System of the Forms of Deeds Used in Scotland

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. Excerpt from book: Section 3fervitude of pafturage is conftituted in a deed by itfelf. It has been thought, that the fervitude of feuel, feal, and divot, is included in the more important fervitude of pafturage; but this is not Mr Erikine's opinion, and it is not to be trufted to: when it is the intention of parties to give a fervitude of feuel, and c. alongft with that of pafturage, they ought all to be expreffed in the deed. I have added here the precept of fafine, although I mould not conceive fafine to be neceflary for conftituting this fervitude. textit{Grant of Servitude of common Pqfturage and c. I A. B., heritable proprietor of the lands of, in confideration of a price correfpond- ing to the right hereby granted, inftantly paid to me by C. D., of which price he is hereby difcharged, Have Sold and Disponed, as I hereby Sell and Dispone, to and in favours of the faid C. D., and his heirs and affignees whomfoever, textit{(or to the faid C. Z ., textit{and his heirs and fuccejjors in the lands of ) for the benefit of his lands of, and for the accommodation of the tenants and pofleflbrs thereof, an heritable and irredeemable right of fervitude and tolerance of cafting feuel, feal, and divot, and of pafturing cattle on the muir of, lying in the parifh of, and fhire of, with roads to and from the faid muir, and all privileges neceflary for enjoying fully the faid fervitudes, which fervitudes fhall commence from and after the term of . In Which Servitudes, I oblige me, and my heirs and -fucceflbrs in the faid lands, to infeft and feife the faid C. D., and his fbrefaids, by two feveral infeftments and manners of holding; one thereof to be holdea of me, my heirs and fuccefibrs, and the other to be hoi- den from me, of my immediate lawful fupe- rior of the faid lands, both in free blench, for payment of a penny Scots money, at the...