Paragraph 14 Landlord’s right to use water rising on holdingI1
Scotland Not yet in force
The landlord of a small landholding may, for any estate purpose, use any spring of water rising on the holding which is not required by the small landholder in connection with the use of the holding.
The landlord must pay reasonable compensation to the landholder for any surface damage caused to the holding as a result of using a spring of water.
The Land Court may, on the application of the landholder or the landlord, determine—
whether a water spring is required by the landholder in terms of sub-paragraph (1),
whether and, if so how much, compensation is payable under sub-paragraph (2) for damage caused to the holding.
Nothing in this paragraph is to be construed as affecting the rights of any person other than the landlord and the landholder in relation to any spring of water on the holding.
Annotations
Commencement
- I1
Sch. 2 para. 14 not in force at Royal Assent, see s. 47(2)