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Paragraph 38 Resumption by landlordI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The landlord of a small landholding may apply to the Land Court to resume all or part of the holding for a reasonable purpose related to the good of the holding or the landlord’s estate.

(2)

For the purpose of sub-paragraph (1), “reasonable purpose” includes—

(a)

using or letting the land proposed to be resumed for—

(i)

the building of dwellings,

(ii)

allotments,

(iii)

harbours, piers, boat shelters or other like buildings,

(iv)

places of religious worship,

(v)

schools,

(vi)

halls or community centres,

(vii)

planting,

(viii)

roads practicable for vehicular traffic from the holding to the public road or to the seashore,

(b)

the protection of an ancient monument or other object of historical or archaeological interest from injury or destruction.

(3)

A landlord cannot resume a small landholding for the purpose of personally residing on it.

(4)

Where the Land Court is satisfied that the landlord has a reasonable purpose for the resumption, the Court may make an order—

(a)

requiring the landholder to vacate the land which is to be resumed once the landlord has compensated the landholder in such manner as is specified in the order,

(b)

making such other provision in relation to the resumption as the Court considers appropriate.

(5)

For the purpose of sub-paragraph (2)(a), “public road” is to be construed in accordance with section 151 of the Roads (Scotland) Act 1984.

Annotations

Commencement

I1

Sch. 2 para. 38 not in force at Royal Assent, see s. 47(2)