OpenLegislation

Article 3 Amendment of the principal Rules

Original text. Later amendments are not shown.

In rule 2 of the principal Rules (interpretation)–

(a)

after the definition of “the Act” insert–

  • ““the 2000 Act” means the Abolition of Feudal Tenure etc. (Scotland) Act 2000f1;

  • “the 2003 Act” means the Title Conditions (Scotland) Act 2003f2;

  • “application for dual registration” means an application made for–

    1. (a)

      registration of a constitutive deed under section 4(5) of the 2003 Act;

    2. (b)

      registration of a notice of preservation under section 50 of the 2003 Act;

    3. (c)

      registration of a deed creating a positive servitude under section 75(1) of the 2003 Act;

    4. (d)

      registration of a notice of converted servitude under section 80 of the 2003 Act; “benefited property” means in relation to a title condition, the interest in land to which the right to enforce the title condition is attached;

  • “burdened property” means in relation to a title condition, the interest in land which is affected by the title condition;”;

(b)

after the definition of “certificate of title” insert–

  • ““community burden” has the meaning given in section 25 of the 2003 Act;

  • “constitutive deed” means the deed which sets out the terms of a title condition;”;

(c)

after the definition of “debt” insert–

  • ““holder” in relation to a title condition means the person who has right to the title condition;

  • “personal real burden” has the meaning given in section 1(3) of the 2003 Act;”.

Annotations

Footnotes

f1

2000 asp 5.

f2

2003 asp 9.