[F15A Power of sheriff to order sheriff clerk to execute deeds relating to heritage.S
(1)This section applies where—
(a)an action relating to heritable property is before the sheriff; or
(b)it appears to the sheriff that an order under this section is necessary to implement a decree of a sheriff relating to heritable property.
(2)Where the grantor of any deed relating to the heritable property cannot be found or refuses or is unable or otherwise fails to execute the deed, the sheriff may—
(a)where subsection (1)(a) above applies, on application;
(b)where subsection (1)(b) above applies, on summary application,
by the grantee, make an order dispensing with the execution of the deed by the grantor and directing the sheriff clerk to execute the deed.
(3)Where in pursuance of an order under this section a deed is executed by the sheriff clerk, it shall have the like force and effect as if it had been executed by the grantor.
(4)In this section—
“grantor” means a person who is under an obligation to execute the deed; and
“grantee” means the person to whom that obligation is owed.]
Textual Amendments