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Title Conditions (Scotland) Act 2003

Type Act of the Scottish Parliament

Publication 2003-04-03

Last updated 2026-04-01

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) that it was not reasonably practicable for such a notice to be so sent.

(4) However many the benefited or burdened properties may be, if the terms of the real burdens or converted servitudes are set out in a single constitutive deed, execution and registration may be accomplished in a single notice.

(5) The Keeper of the Registers of Scotland shall not be required to determine whether a person submitting a notice for registration has complied with subsection (2) above.

(6) Where—

(a) a notice submitted before the expiry of the period of ten years which commences immediately after the appointed day is rejected by the Keeper; but

(b) a court or the Lands Tribunal then determines that the notice is registrable,

the notice may, if not registered before that expiry, be registered—

(i) within two months after the determination is made; but

(ii) before such date after that expiry as the Scottish Ministers may by order prescribe;

and any notice registered under this subsection shall be treated as if it had been registered before that expiry.

(7) For the purposes of subsection (6) above, the application to the court, or to the Lands Tribunal, which has resulted in the determination shall require to have been made within such period as the Scottish Ministers may by order prescribe.

(8) In subsection (6)(b) above, “court” means Court of Session or sheriff.

Benefited property outwith Scotland

116

As respects a real burden or servitude, the benefited property need not be in Scotland; but where it is not then nothing in this Act requires registration against that property.

Pecuniary real burdens

117

On and after the day on which this section comes into force, it shall not be competent to create a pecuniary real burden (that is to say, to constitute a heritable security by reservation in a conveyance).

Common interest

118

On and after the day on which this section comes into force—

(a) it shall not be competent to create a right of common interest; and

(b) no such right shall arise otherwise than by implication of law.

Part 11 — Savings, transitional and general

Savings and transitional provisions etc.

119

(1) Nothing in this Act shall be taken to impair the validity of creating, varying or discharging a real burden by the registering of a deed before the appointed day.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The repeal by this Act of section 32 of the Conveyancing (Scotland) Act 1874 (c. 94) does not affect the construction of the expression “deed of conditions” provided for in section 122(1) of this Act.

(4) Sections 8 and 14 of this Act do not affect proceedings commenced before the appointed day.

(5) Section 10 of this Act does not apply where a person ceases to be, or becomes, an owner before the appointed day.

(6) Section 16 of this Act does not apply as respects a breach of a real burden which occurs before the appointed day.

(7) Section 61 of this Act does not apply as respects a constitutive deed (or a deed into which the constitutive deed is incorporated) registered before the appointed day except in so far as a real burden the terms of which are set out in the constitutive deed is a community burden.

(8) Sections 75 and 78 of this Act do not apply as respects a deed executed before the appointed day.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Except where the contrary intention appears, this Act applies to all real burdens, whenever created.

General

Requirement for dual registration

120

A deed which, to be duly registered for the purposes of any provision of this Act, requires to be registered against both a benefited property and a burdened property, shall not be registrable against one only of the properties; nor shall a document which includes but does not wholly consist of such a deed.

Crown application

121

This Act binds the Crown.

Interpretation

122

(1) In this Act, unless the context otherwise requires—

“the 1979 Act” means the Land Registration (Scotland) Act 1979 (c. 33);

“the 2000 Act” means the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5);

“affirmative burden” shall be construed in accordance with section 2(2)(a) of this Act;

“ancillary burden” shall be construed in accordance with section 2(4) of this Act;

“appointed day” means the day appointed under section 71 of the 2000 Act;

“benefited property”—in relation to a real burden, shall be construed in accordance with section 1(2)(b) of this Act; andin relation to a title condition other than a real burden, means the land, or real right in land, to which the right to enforce the title condition is attached;

“burdened property”—in relation to a real burden, shall be construed in accordance with section 1(2)(a) of this Act; andin relation to a title condition other than a real burden, means the land, or real right in land, which is subject to the title condition;

“community” has the meaning given by section 26(2) of this Act;

“community burdens” shall be construed in accordance with section 25 of this Act;

“conservation body” means any body prescribed by order under subsection (4) of section 38 of this Act;

“conservation burden” shall be construed in accordance with subsection (1) of that section and includes (other than in subsections (1) and (2) of that section) a reference to a real burden the right to enforce which was—preserved by virtue of section 27(1) of the 2000 Act (preservation of right to enforce conservation burden); ...obtained by virtue of section 27A(1) of that Act (nomination of conservation body or Scottish Ministers to have title to enforce conservation burden);obtained by virtue of section 27 of the Long Leases (Scotland) Act 2012 (asp 9) (conversion of qualifying condition to conservation burden); orobtained by virtue of section 28 of that Act (conversion of qualifying condition to conservation burden where conservation body or Scottish Ministers nominated to enforce);

“constitutive deed” is, subject to subsection (4) below, the deed which sets out the terms of a title condition (or of a prospective title condition) but the expression includes any document in which the terms of the title condition in question are varied;

“deed of conditions” means a deed mentioned in section 32 of the Conveyancing (Scotland) Act 1874 (c. 94) (importation by reference) and registered before the appointed day having been executed in accordance with that section;

“the development management scheme” has the meaning given by section 71(3) of this Act;

“economic development burden” shall be construed in accordance with subsection (1) of section 45 of this Act and includes (other than in subsections (1) to (3) of that section) a reference to a real burden which was converted under section 18B of the 2000 Act (conversion into economic development burden) and to a real burden created under section 24 of the Long Leases (Scotland) Act 2012 (asp 9) (conversion of qualifying condition to economic development burden) ;

“enactment” includes a local and personal or private Act;

“facility burden” means, subject to subsection (2) below, a real burden which regulates the maintenance, management, reinstatement or use of heritable property which constitutes, and is intended to constitute, a facility of benefit to other land (examples of property which might constitute such a facility being without prejudice to the generality of this definition, set out in subsection (3) below);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“health care burden” shall be construed in accordance with subsection (1) of section 46 of this Act and includes (other than in subsections (1) to (3) of that section) a reference to a real burden which was converted under section 18C of the 2000 Act (conversion into health care burden) and to a real burden created under section 25 of the Long Leases (Scotland) Act 2012 (asp 9) (conversion of qualifying condition to health care burden);

“holder”, in relation to a title condition, means the person who has right to the title condition but does not include a person who has title to enforce it only by virtue of any of paragraphs (a), (b) and (c) of section 8(2) of this Act;

“land” includes—heritable property, whether corporeal or incorporeal, held as a separate tenement; andland covered with water,but does not include any estate of dominium directum;

“Lands Tribunal” means Lands Tribunal for Scotland;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

“maintenance” includes (cognate expressions being construed accordingly)—repair or replacement; andsuch demolition, alteration or improvement as is reasonably incidental to maintenance;

“manager”, in relation to related properties, means any person (including an owner of one of those properties or a firm) who is authorised (whether by virtue of this Act or otherwise) to act generally, or for such purposes as may be applicable in relation to a particular authorisation, in respect of those properties;

“manager burden” shall be construed in accordance with section 63(1) of this Act;

“maritime burden” shall be construed in accordance with subsection (1) of section 44 of this Act and includes (other than in that subsection) a reference to any real burden in relation to which the Crown has title and interest under section 60(1) of the 2000 Act (preserved right of Crown to maritime burdens);

“midcouple” means such midcouple or link in title as it is competent to specify, under section 5(1) of the Conveyancing (Scotland) Act 1924 (14 & 15 Geo. 5, c.27), in a deduction of title in terms of that Act;

“negative burden” shall be construed in accordance with section 2(2)(b) of this Act;

“notary public” includes, in a case where swearing or affirmation is to take place outwith Scotland, any person duly authorised by the law of the country or territory in question to administer oaths or receive affirmations in that country or territory;

“notice of converted servitude” shall be construed in accordance with section 80(4) and (5) of this Act;

“notice of preservation” shall be construed in accordance with section 50 of this Act;

“notice of termination” shall be construed in accordance with section 20 of this Act;

“owner” shall be construed in accordance with section 123 of this Act;

“personal pre-emption burden” and “personal redemption burden” shall be construed in accordance with section 18A(5) of the 2000 Act and section 23(1) of the Long Leases (Scotland) Act 2012 (asp 9);

“personal real burden” shall be construed in accordance with section 1(3) of this Act;

“property” includes unit;

“real burden” has the meaning given by section 1 of this Act except that in construing that section for the purposes of this definition “land” shall be taken to include an estate of dominium directum;

“registering”, in relation to any document, means registering an interest in land or information relating to an interest in land (being an interest or information for which that document provides) in the Land Register of Scotland or, as the case may be, recording the document in the Register of Sasines (cognate expressions being construed accordingly);

“renewal date” has the meaning given by section 20(4)(d) of this Act;

“road” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984 (c. 54) (interpretation);

“rural housing body” means any body prescribed by order under subsection (5) of section 43 of this Act;

“rural housing burden” shall be construed in accordance with subsection (1) of that section and includes a personal pre-emption burden the holder of which is a rural housing body;

“send” shall be construed in accordance with section 124 of this Act (cognate expressions being construed accordingly);

“service burden” means a real burden which relates to the provision of services to land other than the burdened property;

“sheltered or retirement housing development” has the meaning given by section 54(3) of this Act;

“tenement” has the meaning given by section 26 of the Tenements (Scotland) Act 2004 (asp 11); and references to a flat in a tenement shall be construed accordingly;

“terminator” shall be construed in accordance with section 20(2) of this Act;

“title condition” means—a real burden;a servitude;an affirmative obligation imposed, in a servitude, on the person who is in right of the servitude;a condition in a registrable lease if it is a condition which relates to the land (but not a condition which imposes either an obligation to pay rent or an obligation of relief relating to the payment of rent);a condition or stipulation—imposed under subsection (2) of section 3 of the Registration of Leases (Scotland) Act 1857 (c. 26) (assignations of registered or recorded leases) in an assignation which has been duly registered; orcontained in a deed registered under subsection (2A) or (5) of that section;a condition in an agreement entered into under section 7 of the National Trust for Scotland Order Confirmation Act 1938 (c.iv); orsuch other condition relating to land as the Scottish Ministers may, for the purposes of this paragraph, prescribe by order;

“unit” means any land which is designed to be held in separate ownership (whether it is so held or not); and

“variation”, in relation to a title condition, includes both—imposition of a new obligation; andprovision that a property becomes a benefited property,(cognate expressions being construed accordingly).

(2) In so far as it constitutes an obligation to maintain or reinstate which has been assumed—

(a) by a local or other public authority; or

(b) by virtue of any enactment, by a successor body to any such authority,

a real burden is neither—

(i) a facility burden; nor

(ii) for the purposes of sections 52 to 54(1) of this Act, to be regarded as imposed as mentioned in any of those sections.

(3) The examples referred to in the definition of “facility burden” in subsection (1) above are—

(a) a common part of a tenement;

(b) a common area for recreation;

(d) private sewerage; and

(e) a boundary wall.

(4) If title is completed in the manner provided for in section 4 or 4A of the Conveyancing (Scotland) Act 1924 (c.27) (completion of title) and a midcouple relevant to the title sets out the terms of a title condition (or of a prospective title condition), then for the purposes of this Act the midcouple and notice of title are together the constitutive deed of the title condition.

The expression “owner”

123

(1) Subject to subsections (2) and (3) below, in this Act “owner”, in relation to any property, means a person who has right to the property whether or not that person has completed title; but if, in relation to the property (or, if the property is held pro indiviso, any pro indiviso share in the property) more than one person comes within that description of owner, then “owner”—

(a) for the purposes of sections 4(2)(b), 6(1)(a), 15, 16, 19, 33(1) and (2) and 35 of this Act, means any person having such right; and

(b) for any other purposes means such person as has most recently acquired such right.

(2) Where a heritable creditor is in lawful possession of security subjects which comprise the property, then “owner”—

(a) for the purposes of the sections mentioned in paragraph (a) of subsection (1) above includes, in addition to any such person as is there mentioned, that heritable creditor; and

(b) for any other purposes (other than of construing section 1 of this Act) means the heritable creditor.

(3) In section 60(1) of this Act, “owner” in relation to any property has the meaning given by subsection (1) above except that, for the purposes of this subsection, in that subsection—

(a) the words “Subject to subsections (2) and (3) below, in this Act” shall be disregarded; and

(b) paragraph (a) shall be construed as if section 60(1) were one of the sections mentioned.

Sending

124

(1) Where a provision of this Act requires that a thing be sent—

(a) to a person it shall suffice, for the purposes of that provision, that the thing be sent to an agent of the person;

(b) to an owner of property but only the property is known and not the name of the owner, it shall suffice, for the purposes of that provision, that the thing be sent there addressed to “The Owner” (or using some other such expression, as for example “The Proprietor”).

(2) Except in subsection (3) below, in this Act any reference to a thing being sent shall be construed as a reference to its being—

(a) posted;

(b) delivered; or

(3) For the purposes of any provision of this Act, a thing posted shall be taken to be sent on the day of posting; and a thing transmitted by electronic means, to be sent on the day of transmission.

References to distance

125

Where a provision of this Act refers to a property being within a certain distance of another property, the reference is to distance along a horizontal plane, there being disregarded—

(a) the width of any intervening road if of less than twenty metres; and

(b) any pertinent of either property.

Fees chargeable by Lands Tribunal in relation to functions under this Act

126

The Scottish Ministers may... make rules as to the fees chargeable by the Lands Tribunal in respect of that tribunal’s functions under this Act.

Orders, regulations and rules

127

(1) Any power of the Scottish Ministers under this Act to make orders, regulations or rules shall be exercisable by statutory instrument; and a statutory instrument containing any such orders, regulations or rules, other than an order under section 128(4) or 129(4), shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(2) A statutory instrument containing an order under section 128(4) of this Act shall not be made unless a draft of the instrument has been—

(a) laid before; and

(b) approved by a resolution of,

the Scottish Parliament.

Minor and consequential amendments, repeals and power to amend forms

128

(1) Schedule 14 to this Act, which contains minor amendments and amendments consequential upon the provisions of this Act, shall have effect.

(2) The enactments mentioned in schedule 15 to this Act are repealed to the extent specified.

(3) The Scottish Ministers may by order amend any of schedules—

(a) 1A to 10 and 12 to this Act; and

(b) 1 to 11A to the 2000 Act.

(4) The Scottish Ministers may by order make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes, or in consequence, of this Act or of any order, regulations or rules made under this Act.

(5) An order under subsection (4) above may amend or repeal any enactment (including any provision of this Act).

Short title and commencement

129

(1) This Act may be cited as the Title Conditions (Scotland) Act 2003.

(2) Subject to subsections (3) to (5) below, this Act, except this section, shall come into force on the appointed day.

(3) Sections 63, 66, 67, 86 and 88, except in so far as it inserts a sub-paragraph (ab)(ii) into paragraph 1 of Schedule 1 to the Prescription and Limitation (Scotland) Act 1973 (c. 52), Part 9 for the purposes of any application under section 107(5) of this Act, sections 111, 113, 114, 117, 118, 122 to 124, 126, 127, 128(3) to (5), schedules 12 and 13 and, in schedule 14, paragraph 7(1), (3) and (6) come into force on the day after Royal Assent.

(4) There shall come into force on such day as the Scottish Ministers may by order appoint, Parts 3 and 6 and sections 106 to 110; and different days may be so appointed for different provisions.

(5) In so far as—

(a) it relates to paragraph 7(1), (3) and (6) of schedule 14, section 128(1);

(b) it relates to the 2000 Act, section 128(2);

(d) is necessary for the purposes of Part 3 and section 63, Part 1,

shall come into force on the day after Royal Assent.

SCHEDULE 1

There are imported the terms of the title conditions specified in [refer to the deed of conditions in such terms as shall be sufficient to identify it and specify the register in which it is registered and the date of registration].

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

SCHEDULE 10

SCHEDULE 11

1

An obligation, however constituted, relating to the right to work minerals or to any ancillary rights in relation to minerals (“minerals” and “ancillary rights” having the same meanings as in the Mines (Working Facilities and Support) Act 1966 (c. 4)).

2

In so far as enforceable by or on behalf of—

(a) the Crown, an obligation created or imposed for naval, military or air force purposes; or

(b) the Crown or any public or international authority, an obligation created or imposed—

(i) for civil aviation purposes; or

(ii) in connection with the use of land as an aerodrome.

3

An obligation created or imposed in or in relation to a lease of—

(a) an agricultural holding (as defined in section 1(1) of the Agricultural Holdings (Scotland) Act 1991 (c. 55));

(b) a holding (within the meaning of the Small Landholders (Scotland) Acts 1886 to 1931); or

SCHEDULE 12

SCHEDULE 13

1

The 2000 Act shall be amended in accordance with the following paragraphs.

2

In section 17 (extinction of superior’s rights)—

(a) in subsection (1), after the word—

(i) “18” there shall be inserted “ to 18C ”;

(ii) “27,” there shall be inserted “ 27A, ”;

(iii) “28,” there shall be inserted “ 28A, ”; and

(iv) “Act” there shall be inserted “ and to sections 52 to 56 (which make provision as to common schemes, facility burdens and service burdens) and 63 (which makes provision as to manager burdens) of the Title Conditions (Scotland) Act 2003 (asp 9) ”,

and at the end of paragraph (b) there shall be added other than in that person’s capacity as owner of land or as holder of a conservation burden, health care burden or economic development burden; and

(b) in subsection (3), after paragraph (a) there shall be inserted—

(aa) a right of enforcement held by virtue of any of the provisions mentioned in subsection (1) above;

3

In section 18 (reallotment of real burden by nomination of new dominant tenement)—

(a) in subsection (1), at the beginning there shall be inserted “ Without prejudice to sections 18A to 18C of this Act, ”;

(b) in subsection (6), at the beginning there shall be inserted “ Subject to subsection (6A) below, ”;

(6A) Such compliance as is mentioned in subsection (6) above shall not be effective to preserve any right to enforce a manager burden (“manager burden” being construed in accordance with section 63(1) of the Title Conditions (Scotland) Act 2003 (asp 9)).

; and

(d) in subsection (7)(b)(i), after the word “right” there shall be inserted “ (other than any sporting rights, as defined by section 65A(9) of this Act) ”.

4

In section 20 (reallotment of real burden by order of Lands Tribunal)—

(a) in subsection (1), the words from “within” to “ends” are repealed; and

(b) in subsection (7)—

(i) in paragraph (a), for the words “substantial loss or disadvantage to the applicant as owner (taking him to be such)” there shall be substituted “ material detriment to the value or enjoyment of the applicant’s ownership (taking him to have ownership) ”; and

(ii) paragraph (b), and the word “or” which immediately precedes that paragraph, are repealed.

5

In section 25 (counter-obligations on reallotment)—

(a) for the words “, 20 or 23” there shall be substituted “ or 20 ”;

(b) after the word “Act” there shall be inserted the words “ or under section 56 or 63 of the Title Conditions (Scotland) Act 2003 (asp 9) (which make provision, respectively, as to facility burdens and service burdens and as to manager burdens) ”; and

6

In section 27 (notice preserving right to enforce conservation burden)—

(a) in subsection (1), after the words “Act; and” there shall be inserted “ , without prejudice to section 27A(1) of this Act, ”; and

(b) in subsection (3)(a), for the words “26 of this Act” there shall be substituted “ 38 of the Title Conditions (Scotland) Act 2003 (asp 9) (which makes provision generally as respects conservation burdens) ”.

7

In section 42 (further provision as respects certain sections of that Act which relate to real burdens)—

(a) in each of subsections (1)(a), (3) and (4)(a), after the word—

(i) “18,” there shall be inserted “ 18A, 18B, 18C, ”; and

(ii) “27” there shall be inserted “ , 27A ”; and

(b) at the end there shall be added—

(5) Nothing in this Part requires registration against land prospectively nominated as a dominant tenement but outwith Scotland.

8

In section 43 (notices and agreements under certain sections: extent of Keeper’s duty)—

(a) in each of subsections (1) and (2)(a), after the word—

(i) “18,” there shall be inserted “ 18A, 18B, 18C, ”; and

(ii) “27” there shall be inserted “ , 27A ”;

(b) in subsection (2), after paragraph (b) there shall be inserted—

(bb) section 18B or 18C of this Act, the Keeper shall not be required to determine whether— (i) the requirements of subsection (1) of the section in question are satisfied; or (ii) the statement made in pursuance of subsection (2)(e) of the section in question is correct;

; and

(i) the words “18(6),” there shall be inserted “ 18A(5), 18B(3), 18C(3), ”; and

(ii) the word “28” there shall be inserted “ , 28A ”.

9

In section 46(2) (discretion of Keeper in relation to entries in title sheet), for the word “enforceable” there shall be substituted “ subsisting ”.

10

In section 49 (interpretation of Part 4)—

(a) in the definition of “conservation body”, for the words “under section 26(1) of this Act” there shall be substituted “ by order under section 38(4) of the Title Conditions (Scotland) Act 2003 (asp 9) ”;

(b) in the definition of “conservation burden”, for the words “section 27(1)” there shall be substituted “ sections 27(1) and 27A(1) ”;

“economic development burden” shall be construed in accordance with section 18B(3) of this Act; “health care burden” shall be construed in accordance with section 18C(3) of this Act; “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

;

(d) after the definition of “notary public” there shall be inserted—

“personal pre-emption burden” and “personal redemption burden” shall be construed in accordance with section 18A(5) of this Act

; and

(e) in the definition of “real burden”, at the end of paragraph (b) there shall be added “ or sporting rights (as defined by section 65A(9) of this Act) ”.

11

In section 54 (extinction of superior’s rights and obligations qua superior)—

(a) in subsection (1)—

(i) for the words “section 60(1)” there shall be substituted “ sections 60(1) and 65A ”; and

(ii) after the words “qua superior” there shall be inserted “ (including, without prejudice to that generality, sporting rights as defined by subsection (9) of that section 65A) ”; and

(b) in subsection (3), after paragraph (a) there shall be inserted—

(aa) a right of enforcement held by virtue of of section 13, 33, 60(1) or 65A of this Act;

12

In section 56 (extinction etc. of certain payments analogous to feuduty)—

(a) in subsection (1), for the words “land obligation” there shall be substituted “ title condition ”; and

(b) for subsection (3) there shall be substituted—

(3) The definition of “title condition” in section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9) shall apply for the purposes of this section as that definition applies for the purposes of that Act.

13

In section 73 (feudal terms in enactments and documents: construction after abolition of feudal system)—

(a) in subsection (1)—

(i) in each of paragraphs (a), (b) and (c), at the end, there shall be added “ before that day ”;

(ii) the word “or” which immediately follows paragraph (b) is repealed; and

(iii) for the words “before the appointed day, then” there shall be substituted

; or (d) in the Land Register of Scotland or in— (i) a land certificate; (ii) a charge certificate; or (iii) an office copy, issued, whether or not before that day, under the Land Registration (Scotland) Act 1979 (c. 33), then

;

(b) in subsection (2)—

(i) the existing words “in any document executed before that day”shall become paragraph (a);

(ii) after that paragraph there shall be inserted the word “ or ” and the following paragraph—

(b) in the Land Register of Scotland or in any certificate or copy such as is mentioned in subsection (1)(d) above (whenever issued),

; and

(iii) for the words “19, 20, 23, 28 or, as the case may be, 60 of this Act” there shall be substituted “ 18A, 18B, 18C, 19, 20, 28, 28A or 60 of this Act or section 56 of the Title Conditions (Scotland) Act 2003 (asp 9) (facility burdens and service burdens) ”; and

(2A) In construing, after the appointed day and in relation to a right enforceable on or after that day, a document, or entry in the Land Register, which— (a) sets out the terms of a real burden; and (b) is not a document or entry references in which require to be construed as mentioned in subsection (2) above, any provision of the document or entry to the effect that a person other than the person entitled to enforce the burden may waive compliance with, or mitigate or otherwise vary a condition of, the burden shall be disregarded.

14

In section 75 (saving for contractual rights) the existing words become subsection (1) and after that subsection there is added—

(2) In construing the expression “parties to the grant” in subsection (1) above, any enactment or rule of law whereby investiture is deemed renewed when the parties change shall be disregarded.

15

In section 77 (short title and commencement)—

(a) in subsection (2)(a), for the words “63 to” there shall be substituted “ 64, 65, ”; and

(b) in subsection (4)(a), for the words “and 47 to 49” there shall be substituted “ , 47 to 49, 63 and 65A ”.

16

After schedule 5 there shall be inserted—

SCHEDULE 5A Superior: (see note for completion 1) Description of land which is to be servient tenement: (see note for completion 2) Terms of real burden: (see note for completion 3) Any counter obligation: (see note for completion 3) Title to the superiority: (see note for completion 4) Service: (see note for completion 5) I swear [oraffirm] that the information contained in the notice is, to the best of my knowledge and belief, true. Signature of superior: (see note for completion 6) Signature of notary public: Date: . (This explanation has no legal effect) This notice is sent by your feudal superior. In this notice your property (or some part of it) is referred to (prospectively) as the “servient tenement”. By this notice the feudal superior asserts that at present your property is subject to a right of pre-emption [or of redemption] enforceable by him and claims the right to continue to enforce it not as superior but in a personal capacity. The notice, if it is registered in the Land Register or Register of Sasines under section 18A of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, will allow him to enforce the right after the feudal system is abolished (which will be shortly). If you think that there is a mistake in this notice or if you wish to challenge it, you are advised to contact your solicitor or other adviser. (These notes have no legal effect) (1) Insert name and address of superior. (2) Describe the land in a way that is sufficient to enable the Keeper to identify it by reference to the Ordnance Map. Where the title to the land has been registered in the Land Register the description should refer to the title number of the land or of the larger subjects of which the land forms part. Otherwise it should normally refer to and identify a deed recorded in a specified division of the Register of Sasines. (3) Specify by reference to the appropriate Register the deed or deeds in which the real burden or counter-obligation was imposed. Set out the real burden or counter-obligation in full or refer to the deed in such a way as to identify the real burden or counter-obligation. (4) Where the title has been registered in the Land Register of Scotland and the superior is— (a) registered as proprietor, specify the title number; (b) not so registered, specify the title number and set out the midcouples or links between the person last registered and the superior so as sufficiently to identify them. Where the title has not been registered in the Land Register and the superior— (a) has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title; (b) does not have a recorded title, either— (i) specify by reference to the Register of Sasines the deed constituting the immediate title of the person with the last recorded title and set out the midcouples or links between that person and the superior so as sufficiently to identify them; or (ii) if there is no such deed, specify the nature of the superior’s title. (5) Do not complete until a copy of the notice has been sent to the owner of the prospective servient tenement (except in a case where this is not reasonably practicable). Then insert whichever is applicable of the following: - “The superior has sent a copy of this notice by [specify whether by recorded delivery or registered post or by ordinary post] on [date of posting] to the owner of the prospective servient tenement at [state address].”; or - “It has not been reasonably practicable to send a copy of this notice to the owner of the prospective servient tenement for the following reason: [specify the reason]”. (6) The superior should not swear or affirm, or sign, until a copy of the notice has been sent (or otherwise) as mentioned in note 5. Before signing, the superior should swear or affirm before a notary public (or, if the notice is being completed outwith Scotland, before a person duly authorised under the local law to administer oaths or receive affirmations) that, to the best of the superior’s knowledge and belief, all the information contained in the notice is true. The notary public should also sign. Swearing or affirming a statement which is known to be false or which is believed not to be true is a criminal offence under the False Oaths (Scotland) Act 1933. Normally the superior should swear or affirm, and sign, personally. If, however, the superior is legally disabled or incapable (for example, because of mental disorder) his legal representative should swear or affirm and sign. If the superior is not an individual (for example, if it is a company) a person entitled by law to sign formal documents on its behalf should swear or affirm and sign. SCHEDULE 5B Superior: (see note for completion 1) Description of land which is to be servient tenement: (see note for completion 2) Terms of real burden: (see note for completion 3) Statement that purpose was to promote economic development: (with supporting evidence: see note for completion 3) Any counter obligation: (see note for completion 3) Title to the superiority: (see note for completion 4) Service: (see note for completion 5) Signature on behalf of superior: Date: . (This explanation has no legal effect) This notice is sent by your feudal superior; that is to say by [the Scottish Ministers] or [specify local authority]. By this notice the feudal superior asserts that at present your property is subject to a real burden enforceable by the superior and claims both the right to continue to enforce it, not as superior but in a personal capacity, and that the real burden is for the purpose of promoting economic development. The notice, if it is registered in the Land Register or Register of Sasines under section 18B of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, will allow the superior to enforce that right after the feudal system is abolished (which will be shortly). If you think that there is a mistake in this notice or if you wish to challenge it, you are advised to contact your solicitor or other adviser. (These notes have no legal effect) (1) Insert “ the Scottish Ministers ” or as the case may be the name and address of the local authority. (2) Describe the land in a way that is sufficient to enable the Keeper to identify it by reference to the Ordnance Map. Where the title to the land has been registered in the Land Register the description should refer to the title number of the land or of the larger subjects of which the land forms part. Otherwise it should normally refer to and identify a deed recorded in a specified division of the Register of Sasines. (3) Specify by reference to the appropriate Register the deed or deeds in which the real burden or counter-obligation was imposed. Set out the terms of the real burden, or as the case may be the terms of the counter-obligation, in full or refer to the deed in such a way as to identify the real burden or counter-obligation. Provide the statement specified and set out any information which supports it. (4) Where the title has been registered in the Land Register of Scotland and the superior is— (a) registered as proprietor, specify the title number; (b) not so registered, specify the title number and set out the midcouples or links between the person last registered and the superior so as sufficiently to identify them. Where the title has not been registered in the Land Register and the superior— (a) has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title; (b) does not have a recorded title, either— (i) specify by reference to the Register of Sasines the deed constituting the immediate title of the person with the last recorded title and set out the midcouples or links between that person and the superior so as sufficiently to identify them; or (ii) if there is no such deed, specify the nature of the superior’s title. (5) Do not complete until a copy of the notice has been sent to the owner of the prospective servient tenement (except in a case where such sending is not reasonably practicable). Then insert whichever is applicable of the following: - “The superior has sent a copy of this notice by [specify whether by recorded delivery or registered post or by ordinary post] on [date of posting] to the owner of the prospective servient tenement at [state address].”; or - “It has not been reasonably practicable to send a copy of this notice to the owner of the prospective servient tenement and the reason is that: [specify the reason].” SCHEDULE 5C Superior: (see note for completion 1) Description of land which is to be servient tenement: (see note for completion 2) Terms of real burden: (see note for completion 3) Statement that purpose was to promote the provision of facilities for health care: (with supporting evidence: see note for completion 3) Any counter obligation: (see note for completion 3) Title to the superiority: (see note for completion 4) Service: (see note for completion 5) Signature on behalf of superior: Date: . (This explanation has no legal effect) This notice is sent by your feudal superior; that is to say by [the Scottish Ministers] or [specify National Health Service trust]. By this notice the feudal superior asserts that at present your property is subject to a real burden enforceable by the superior and claims both the right to continue to enforce it, not as superior but in a personal capacity, and that the real burden is for the purpose of promoting the provision of facilites for health care. The notice, if it is registered in the Land Register or Register of Sasines under section 18C of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, will allow the superior to enforce that right after the feudal system is abolished (which will be shortly). If you think that there is a mistake in this notice or if you wish to challenge it, you are advised to contact your solicitor or other adviser. (These notes have no legal effect) (1) Insert “ the Scottish Ministers ” or as the case may be the name and address of the National Health Service trust. (2) Describe the land in a way that is sufficient to enable the Keeper to identify it by reference to the Ordnance Map. Where the title to the land has been registered in the Land Register the description should refer to the title number of the land or of the larger subjects of which the land forms part. Otherwise it should normally refer to and identify a deed recorded in a specified division of the Register of Sasines. (3) Specify by reference to the appropriate Register the deed or deeds in which the real burden or counter-obligation was imposed. Set out the terms of the real burden, or or as the case may be the terms of the counter-obligation, in full or refer to the deed in such a way as to identify the real burden or counter-obligation. Provide the statement specified and set out any information which supports it. (4) Where the title has been registered in the Land Register of Scotland and the superior is— (a) registered as proprietor, specify the title number; (b) not so registered, specify the title number and set out the midcouples or links between the person last registered and the superior so as sufficiently to identify them. Where the title has not been registered in the Land Register and the superior— (a) has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title; (b) does not have a recorded title, either— (i) specify by reference to the Register of Sasines the deed constituting the immediate title of the person with the last recorded title and set out the midcouples or links between that person and the superior so as sufficiently to identify them; or (ii) if there is no such deed, specify the nature of the superior’s title. (5) Do not complete until a copy of the notice has been sent to the owner of the prospective servient tenement (except in a case where such sending is not reasonably practicable). Then insert whichever is applicable of the following: - “The superior has sent a copy of this notice by [specify whether by recorded delivery or registered post or by ordinary post] on [date of posting] to the owner of the prospective servient tenement at [state address].”; or - “It has not been reasonably practicable to send a copy of this notice to the owner of the prospective servient tenement and the reason is that: [specify the reason].”.

17

In schedule 8 (form of notice preserving conservation body’s or Scottish Ministers' right to real burden), for note 1 of the notes for completion of the notice there shall be substituted—

(1) In the case of a conservation body, insert the year and number of the relevant statutory instrument and the name and address of that body.

18

After schedule 8 there shall be inserted—

SCHEDULE 8A Superior: Nominee (being a conservation body or the Scottish Ministers): (see note for completion 1) Description of land subject to the real burden: (see note for completion 2) Terms of real burden: (see note for completion 3) Any counter-obligation: (see note for completion 3) Title to the superiority: (see notes for completion 4 and 5) Service: (see note for completion 6)

Signature of superior:	Signature of consenting nominee:
(see note for completion 7)	(see note for completion 8)
Signature of superior’s witness:	Signature of nominee’s witness:
Name and address of witness:	Name and address of witness:

**Date:** .
(This explanation has no legal effect) This notice is sent by your feudal superior. At present the use of your property is subject to certain burdens and conditions enforceable by the feudal superior. The feudal system is shortly to be abolished. The feudal superior intends to nominate a conservation body or the Scottish Ministers to have title to enforce certain of those burdens (referred to prospectively as “conservation burdens”) when he ceases to have such title. These are burdens which have been imposed in the public interest for the preservation or protection either of architectural or historic characteristics of land or of some other special characteristic of land derived from the flora, fauna or general appearance of the land. By virtue of this notice the nominee would have the right to enforce a conservation burden in the capacity of conservation body or of the Scottish Ministers, as the case may be. The notice, if it is registered in the Land Register of Scotland or recorded in the Register of Sasines under section 27A of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, will allow the burden to be so enforced after the feudal system has been abolished. If you think there is a mistake in this notice or if you wish to challenge it, you are advised to consult your solicitor or other adviser. (These notes have no legal effect) (1) In the case of a conservation body, insert the year and number of the relevant statutory instrument and the name and address of that body. (2) Describe the land in a way that is sufficient to enable the Keeper to identify it by reference to the Ordnance Map. Where the title to the land has been registered in the Land Register the description should refer to the title number of the land or of the larger subjects of which the land forms part. Otherwise it should normally refer to and identify a deed recorded in a specified division of the Register of Sasines. (3) Specify by reference to the appropriate Register the deed or deeds in which the real burden or counter-obligation was imposed. Set out the real burden or counter-obligation in full or refer to the deed in such a way as to identify the real burden or counter-obligation. (4) Where the title has been registered in the Land Register of Scotland and the superior is— (a) infeft, specify the title number; (b) uninfeft, specify the title number and set out the midcouples or links between the person last infeft and the superior so as sufficiently to identify them. (5) Where the title has not been registered in the Land Register and the superior— (a) has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title; (b) does not have a recorded title, either— (i) specify by reference to the Register of Sasines the deed constituting the immediate title of the person last infeft and set out the midcouples or links between the person last infeft and the superior so as sufficiently to identify them; or (ii) if there is no such deed, specify the nature of the superior’s title. (6) Do not complete until a copy of the notice has been sent to the owner of the land subject to the burden (except in a case where this is not reasonably practicable). Then insert whichever is applicable of the following: - “The superior has sent a copy of this notice by [specify whether by recorded delivery or registered post or by ordinary post] on [date of posting] to the owner of the land subject to the real burden at [state address].”; or - “It has not been reasonably practicable to send a copy of this notice to the owner of the land subject to the real burden for the following reason: [specify the reason].” (7) The notice should not be signed by the superior until a copy of it has been sent (or otherwise) as mentioned in note 6. (8) The nominee should sign, so as to indicate consent, before that copy is sent (or otherwise) as so mentioned.

19

After schedule 11 there shall be inserted—

SCHEDULE 11A Superior: (see note for completion 1) Description of land subject to sporting rights: (see note for completion 2) Description of sporting rights: (see note for completion 3) Any counter-obligation: (see note for completion 3) Title to the superiority: (see note for completion 4) Service: (see note for completion 5) I swear [oraffirm] that the information contained in this notice is, to the best of my knowledge and belief, true. Signature of superior: (see note for completion 6) Signature of notary public: Date: . (This explanation has no legal effect) This notice is sent by your feudal superior. By it the feudal superior asserts that at present your property is subject to certain sporting rights (that is to say, to rights of fishing or game) enforceable by him as superior and he seeks to continue to enjoy those rights on a different basis: that is to say, as a tenement in land. The notice, if it is registered in the Land Register of Scotland or recorded in the Register of Sasines under section 65A of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, will have that effect when (shortly) the feudal system is abolished. If you think there is a mistake in this notice or if you wish to challenge it, you are advised to consult your solicitor or other adviser. (These notes have no legal effect) (1) Insert name and address of superior. (2) Describe the land in a way that is sufficient to enable the Keeper to identify it by reference to the Ordnance Map. Where the title to the land has been registered in the Land Register the description should refer to the title number of the land or of the larger subjects of which the land forms part. Otherwise it should normally refer to and identify a deed recorded in a specified division of the Register of Sasines. (3) Specify by reference to the appropriate Register the deed or deeds in which the sporting rights were reserved or the counter-obligation was imposed. Describe the sporting rights or set out the counter-obligation in full or refer to the deed in such a way as to identify those rights or that counter-obligation. (4) Where the title has been registered in the Land Register of Scotland and the superior is— (a) infeft, specify the title number; (b) uninfeft, specify the title number and set out the midcouples or links between the person last infeft and the superior so as sufficiently to identify them. Where the title has not been registered in the Land Register and the superior— (a) has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title; (b) does not have a recorded title, either— (i) specify by reference to the Register of Sasines the deed constituting the immediate title of the person last infeft and set out the midcouples or links between the person last infeft and the superior so as sufficiently to identify them; or (ii) if there is no such deed, specify the nature of the superior’s title. (5) Do not complete until a copy of the notice has been sent to the owner of the land subject to the sporting rights (except in a case where this is not reasonably practicable). Then insert whichever is applicable of the following: - “The superior has sent a copy of this notice by [specify whether by recorded delivery or registered post or by ordinary post] on [date of posting] to the owner of the land subject to the sporting rights at [state address]”.; or - “It has not been reasonably practicable to send a copy of this notice to the owner of the land subject to the sporting rights for the following reason: [specify the reason]”. (6) The notice should not be signed by the superior until a copy of it has been sent (or otherwise) as mentioned in note 5. Before signing, the superior should swear or affirm before a notary public (or, if the notice is being completed outwith Scotland, before a person duly authorised under the local law to administer oaths or receive affirmations) that, to the best of the superior’s knowledge and belief, all the information contained in the notice is true. The notary public should also sign. Swearing or affirming a statement which is known to be false or which is believed not to be true is a criminal offence under the False Oaths (Scotland) Act 1933. Normally the superior should swear or affirm, and sign, personally. If, however, the superior is legally disabled or incapable (for example, because of mental disorder) his legal representative should swear or affirm and sign. If the superior is not an individual (for example, if it is a company) a person entitled by law to sign formal documents on its behalf should swear or affirm and sign.

20

In schedule 12 (minor and consequential amendments), in paragraph 9(17), for the word “offences” there shall be substituted “offices”.

SCHEDULE 14

Registration of Leases (Scotland) Act 1857 (c. 26)

1

(1) Section 3 of the Registration of Leases (Scotland) Act 1857 (assignation of recorded, or registered, leases etc.) shall be amended in accordance with this paragraph.

(2) In subsection (2)—

(a) the existing words “to impose conditions and make stipulations” shall become paragraph (i); and

(b) after that paragraph there shall be inserted the word “or” and the following paragraph—

(ii) to import such conditions and stipulations,

(3) After subsection (2) there shall be inserted—

(2A) Any person entitled to grant an assignation under this section may— (a) execute a deed containing such conditions, or stipulations, as may be specified in an assignation under subsection (2) above; and (b) register such conditions and stipulations in the Land Register of Scotland or, as the case may be, record the deed in the Register of Sasines, and, subject to subsection (2C) below, on such registration or, as the case may be, recording such conditions and stipulations shall be effectual. (2B) “Import” in subsection (2)(ii) above means to import into itself from a deed of conditions (“deed of conditions” having the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9)) the terms of the conditions or stipulations; and importation in or as nearly as may be in the form set out in schedule 1 to that Act (but with the modification that for the references in that form to the terms of the title conditions there are substituted references to the terms of the conditions or stipulations) shall suffice in that regard. (2C) Where, notwithstanding section 3(4) of the Land Registration (Scotland) Act 1979 (c. 33) (creation of real right or obligation on date of registration etc.), a deed provides for the postponement of effectiveness of any conditions or, as the case may be, stipulations to— (a) a date specified in that deed (the specification being of a fixed date and not, for example, of a date determinable by reference to the occurrence of an event); or (b) the date of— (i) registration of an interest in land under; or (ii) recording of, some other deed so specified, the conditions, or stipulations, shall take effect in accordance with such provision.

(4) In subsection (3), after the word “(2)” there shall be inserted “or (2A)”.

(5) In subsection (4), after the word “assignation”—

(a) where it first occurs, there shall be inserted “, or as the case may be in a deed such as is mentioned in subsection (2A) above,”; and

(b) where it secondly occurs, there shall be inserted “, or as the case may be the deed,”.

Titles to Land Consolidation (Scotland) Act 1868 (c. 101)

2

In section 138 of the Titles to Land Consolidation (Scotland) Act 1868 (use in any deed of short clauses of consent to registration), for the words “forms Nos. 1 and 2” there shall be substituted “form No.1”.

Conveyancing (Scotland) Act 1924 (c. 27)

3

(1) The Conveyancing (Scotland) Act 1924 shall be amended in accordance with this paragraph.

(2) In section 8(5) (application of Schedule D to the Act), for the words “Schedule H of the Conveyancing (Scotland) Act 1874” there shall be substituted “schedule 1 to the Title Conditions (Scotland) Act 2003 (asp 9)”.

(3) In section 40(2) (powers of creditor), after the word “conditions” there shall be inserted “(whether or not by creating a real burden)”.

Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35)

4

(1) The Conveyancing and Feudal Reform (Scotland) Act 1970 shall be amended in accordance with this paragraph.

(2) In section 9 (which introduces the standard security)—

(a) after subsection (2A) there shall be inserted—

(2B) It shall not be competent to grant a standard security over a personal pre-emption burden or personal redemption burden (both within the meaning of Part 4 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5).

; and

(b) in subsection (8)(b), for the definition of “interest in land” there shall be substituted—

“real right in land” means any such right, other than ownership or a real burden, which is capable of being held separately and to which a title may be recorded in the Register of Sasines;

(3) In section 19 (calling-up of standard security), in subsection (4), for the words “infeft in” there shall be substituted . “ “having title to” ”

(4) In section 19A(1) (notice to occupier of calling up), for the words “an interest” there shall be substituted . “ “land or a real right” ”

(5) In section 24(3) (application by creditor for remedies on default), for the words “an interest” there shall be substituted . “ “land or a real right” ”

Prescription and Limitation (Scotland) Act 1973 (c. 52)

5

(1) The Prescription and Limitation (Scotland) Act 1973 shall be amended in accordance with this paragraph.

(2) In section 1 (prescriptive period in relation to real rights in land), in subsection (3), after the word “to”, where it fourthly occurs, there shall be inserted “real burdens,”.

(3) In Schedule 1 (obligations affected by prescriptive periods of five years under section 6 of the Act)—

(a) in paragraph 1(a)(vii), for the words “land obligation” there shall be substituted “title condition”; and

(b) for paragraph 4 there shall be substituted—

(4) In this Schedule, “title condition” shall be construed in accordance with section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9).

(4) In Schedule 3 (rights and obligations which are imprescriptible for certain purposes of the Act), in sub-paragraph (h), for the word “interest” there shall be substituted “real right”.

Land Tenure Reform (Scotland) Act 1974 (c. 38)

6

In section 2 of the Land Tenure Reform (Scotland) Act 1974 (prohibition of new ground annuals and other periodical payments from land)—

(a) in subsection (1), for the words “land obligation” there shall be substituted “title condition”; and

(b) after subsection (2) there shall be added—

(3) In subsection (1) above, “title condition” has the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9).

Land Registration (Scotland) Act 1979 (c. 33)

7

(1) The 1979 Act shall be amended in accordance with this paragraph.

(2) In each of sections 2(6) (interpretation) and 3(1) (effect of registration), for the words “sections 17, 18 and” there shall be substituted. “ section”

(3) In section 3(6) (special provision as respects completion of title)—

(a) for the words “an uninfeft proprietor” there shall be substituted “an unregistered holder”;

(b) for the words “the uninfeft proprietor” there shall be substituted “him”;

(d) for the words from “section 4” to “land”, where it secondly occurs, there shall be substituted

— (a) section 4 of the Conveyancing (Scotland) Act 1924 (c. 27); (b) section 18A(8)(a) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5); and (c) section 41(a) of the Title Conditions (Scotland) Act 2003 (asp 9), (each of which relate to completion of title) shall be of no effect in relation to such an interest in land.

(4) In section 6 (the title sheet), at the end there is added—

(6) In subsections (1)(e) and (2) above, “condition” includes a servitude created by a deed registered in accordance with section 75(1) of the Title Conditions (Scotland) Act 2003 (asp 9) and a rule of a development management scheme (“development management scheme” being construed in accordance with section 71 of that Act).

(5) In section 12 (indemnity in respect of loss)—

(a) in subsection (3), after paragraph (g) there shall be inserted—

(gg) the loss arises from inability to enforce sporting rights converted into a tenement in land by virtue of section 65A of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), unless the Keeper expressly assumes responsibility for the enforceability of those rights;

; and

(b) at the end there is added—

(5) In subsection (3)(g) above, “condition” includes a rule of a development management scheme (“development management scheme” being construed in accordance with section 71 of the Title Conditions (Scotland) Act 2003 (asp 9)).

(6) In section 15 (simplification of deeds relating to registered interests), for subsection (3) there shall be substituted—

(3) It shall not be necessary, in any deed relating to a registered interest in land, to deduce title if evidence of sufficient midcouples or links between the unregistered holder and the person last registered as entitled to the interest are produced to the Keeper on registration in respect of that interest in land.

(7) In section 28(1) (interpretation)—

(a) in the definition of “incorporeal heritable right”—

(i) the existing words “a right to salmon fishings” shall become paragraph (a);

(ii) after that paragraph there shall be inserted the word “; or” and the following paragraph—

(b) sporting rights (as defined by section 65A(9) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5));

; and

(b) in paragraph (d) of the definition of “overriding interest”, for the words “a servitude” there shall be substituted “any servitude which was not created by registration in accordance with section 75(1) of the Title Conditions (Scotland) Act 2003 (asp 9)”.

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

8

In section 17 of the Ancient Monuments and Archaeological Areas Act 1979 (agreements concerning ancient monuments and land in their vicinity), for subsection (7) there shall be substituted—

(7) Section 84 of the Law of Property Act 1925 (c. 20) (power of Lands Tribunal to discharge or modify restrictive covenant) shall not apply to an agreement under this section.

9

In section 23 of the Health and Social Services and Social Security Adjudications Act 1983 (arrears of contributions secured over interest in land in Scotland)—

(a) in subsection (1)(b)—

(i) after the word “Scotland” (and within the parentheses) there shall be inserted “ “an interest in land” meaning land or,”; and

(ii) after the words “1970” (and within the parentheses) there shall be inserted “, a real right in land”; and

(b) for subsection (4) there shall be substituted—

(4) Where an interest in land (as defined in subsection (1)(b) above) over which a charging order is made is an interest to which the debtor does not have a completed title, the order shall be as valid as if the debtor had such title.

Further and Higher Education (Scotland) Act 1992 (c. 37)

10

In Schedule 3 to the Further and Higher Education (Scotland) Act 1992 (transfer and apportionment of property)—

(a) in paragraph 1—

(i) in each of sub-paragraphs (2) and (3), for the words “land obligations” there shall be substituted “title conditions”; and

(ii) for sub-paragraph (5) there shall be substituted—

(5) In this Schedule, “title conditions” has the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9).

; and

(b) in paragraph 4(6), for the words “land obligations” there shall be substituted “title conditions”.

Crofters (Scotland) Act 1993 (c. 44)

11

In section 16(6) of the Crofters (Scotland) Act 1993 (provisions relating to conveyance), for the words “land obligations as defined in section 1(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970” there shall be substituted “title conditions, within the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9),”.

Standards in Scotland’s Schools etc. Act 2000 (asp 6)

12

In section 58(1) of the Standards in Scotland’s Schools etc. Act 2000 (interpretation), in the definition of “land”, for the words “land obligations (as defined in section 2(6) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35)” there shall be substituted “title conditions, within the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9)”.

Mortgage Rights (Scotland) Act 2001 (asp 11)

13

In each of sections 1(1) (application to suspend enforcement of standard security) and 4(4) (notices to proprietors and occupiers) of the Mortgage Rights (Scotland) Act 2001, for the words “an interest” there shall be substituted “land or a real right”.

SCHEDULE 15

The expression “real burden”

Affirmative burdens: continuing liability of former owner

10A

(1) A notice of potential liability for costs—

(a) may be registered in relation to burdened property only on the application of—

(i) an owner of the burdened property;

(ii) an owner of the benefited property; or

(iii) any manager; and

(b) shall not be registered unless it is signed by or on behalf of the applicant.

(2) A notice of potential liability for costs may be registered—

(a) in relation to more than one burdened property in respect of the same maintenance or work; and

(b) in relation to any one burdened property, in respect of different maintenance or work.

(3) A notice of potential liability for costs expires at the end of the period of 3 years beginning with the date of its registration, unless it is renewed by being registered again before the end of that period.

(3A) The owner of a burdened property may apply to register a notice (a “notice of discharge”) if—

(a) a notice of potential liability for costs in relation to the property has not expired,

(b) the liability for costs under section 10(2) to which the notice of potential liability relates has, in relation to the property which is the subject of the application, been fully discharged, and

(3B) A notice of discharge—

(a) must be in the form prescribed by order made by the Scottish Ministers, and

(b) on being registered, discharges the notice of potential liability for costs as it applies to the property which is the subject of the application.

(4) This section applies to a renewed notice of potential liability for costs as it applies to any other such notice.

(5) The Keeper of the Registers of Scotland shall not be required to investigate or determine whether the information contained in any notice of potential liability for costs submitted for registration is accurate.

(6) The Scottish Ministers may by order amend schedule 1A to this Act.

Notice of termination

Confusio not to extinguish real burden

Oath or affirmation before notary public

Creation of community burdens: supplementary provision

31A

(1) Sections 28(1)(a) and (d) and (2)(a), 29 and 31 of this Act shall not apply in relation to a community consisting of one tenement.

(2) Sections 28(1)(a) and (d) and 31 of this Act shall not apply to a community in any period during which the development management scheme applies to the community.

Assignation

Conservation burdens

Climate change burdens

46A

(1) On and after the day on which this section comes into force, it shall be competent to create a real burden in favour of a public body or trust, or of the Scottish Ministers, for the purpose of reducing greenhouse gas emissions; and any such burden shall be known as a “climate change burden”.

(2) A climate change burden may only consist of an obligation, in the event of the burdened property being developed, for the property to meet specified mitigation and adaptation standards.

(3) For the purposes of this section, a “public body” means a body listed in Part I or II of the Schedule to the Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 (SSI 2003/453).

Preservation

Grant of deed where title not completed: requirements

Development management scheme

Disapplication

Creation of positive servitude by writing: deed to be registered

Extinction following pre-sale undertaking

Right to petition under section 7 of Entail Sites Act 1840

Prescriptive period for obligations arising by virtue of 1841 Act or 1840 Act

Repeal of Reversion Act 1469

Powers of Lands Tribunal as respects title conditions

Extinction of real burdens and servitudes etc. on compulsory acquisition of land

Amendment of Church of Scotland (Property and Endowments) (Amendment) Act 1933

Amendment of Forestry Act 1967

Amendment of Conveyancing and Feudal Reform (Scotland) Act 1970

Amendment of Enterprise and New Towns (Scotland) Act 1990

Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 2000

Benefited property outwith Scotland

Sending

The expression “owner”

SCHEDULE 1A

“Notice of potential liability for costs

This notice gives details of certain maintenance or work carried out in relation the property specified in the notice. The effect of the notice is that a person may, on becoming the owner of the property, be liable by virtue of section 10(2A) of the Title Conditions (Scotland) Act 2003 (asp 9) for any outstanding costs relating to the maintenance or work.

Property to which the notice relates:

(see note 1 below)

Description of the maintenance or work to which notice relates:

(see note 2 below)

Person giving notice:

(see note 3 below)

Signature:

(see note 4 below)

Date of signing:”

Notes for completion

(These notes are not part of the notice)

1

Describe the property in a way that is sufficient to identify it. Where the property has a postal address, the description must include that address. Where title to the property has been registered in the Land Register of Scotland, the description must refer to the title number of the property or of the larger subjects of which it forms part. Otherwise, the description should normally refer to and identify a deed recorded in a specified division of the Register of Sasines.

2

Describe the maintenance or work in general terms.

3

Give the name and address of the person applying for registration of the notice (“the applicant”) or the applicant’s name and the name and address of the applicant’s agent.

4

The notice must be signed by or on behalf of the applicant.

Editorial notes

[^c21073571]: Act applied (1.6.2010) by The Network Rail (Waverley Steps) Order 2010 (S.S.I. 2010/188), art. 17(4) Act modified (1.6.2010) by The Network Rail (Waverley Steps) Order 2010 (S.S.I. 2010/188), art. 38(4)

[^c7937291]: S. 1 wholly in force; s. 1 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 1 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2

[^c21062191]: Ss. 2, 3, 5, 10, 11, 13, 14, 16, 18, 59 to 61, 67, 70 and 105 applied (1.6.2009) by The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 (S.I. 2009/729), art. 5(1)(3)(4)

[^c7937301]: S. 2 wholly in force; s. 2 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 2 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2

[^c21062201]: Ss. 2, 3, 5, 10, 11, 13, 14, 16, 18, 59 to 61, 67, 70 and 105 applied (1.6.2009) by The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 (S.I. 2009/729), art. 5(1)(3)(4)

[^c7937311]: S. 3 wholly in force; s. 3 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 3 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2

[^c21062151]: Words in s. 3(8) substituted (23.10.2004) by Tenements (Scotland) Act 2004 (asp 11), ss. 25, 34(3), Sch. 4 para. 2 (with s. 33)

[^c7937321]: S. 4 wholly in force; s. 4 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 4 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2

[^c21065931]: S. 4(5) excluded (1.6.2010) by The Network Rail (Waverley Steps) Order 2010 (S.S.I. 2010/188), art. 31(3)

[^c21065821]: Words in s. 4(7) inserted (23.10.2004) by Tenements (Scotland) Act 2004 (asp 11), ss. 25, 34(3), Sch. 4 para. 3 (with s. 33)

[^c21065781]: Words in s. 4(7) inserted (22.10.2003) by The Title Conditions (Scotland) Act 2003 (Consequential Provisions) Order 2003 (S.S.I. 2003/503), art. 2, Sch. 1 para. 7

[^c21062211]: Ss. 2, 3, 5, 10, 11, 13, 14, 16, 18, 59 to 61, 67, 70 and 105 applied (1.6.2009) by The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 (S.I. 2009/729), art. 5(1)(3)(4)

[^c7937331]: S. 5 wholly in force; s. 5 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 5 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2

[^c7937341]: S. 6 wholly in force; s. 6 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 6 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2

[^c7937351]: S. 7 wholly in force; s. 7 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 7 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2

[^c7937361]: S. 8 wholly in force; s. 8 in force for certain purposes at 4.4.2003, see s. 129(2)(5); s. 8 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2

[^c21073581]: Words in s. 8(2)(b)(i) inserted (30.6.2006) by The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2006 (S.S.I. 2006/379), art. 3(a)

[^c21073621]: S. 8(5) substituted (30.6.2006) by The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2006 (S.S.I. 2006/379), art. 3(b)

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