Title Conditions (Scotland) Act 2003
2003 asp 9 · Enacted 3 April 2003 · Extends to Scotland
C1An Act of the Scottish Parliament to make further provision as respects real burdens, servitudes and certain other obligations affecting land; to amend the law relating to the ranking of standard securities; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 26th February 2003 and received Royal Assent on 3rd April 2003
Annotations to the whole text
Modifications
- C1
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)
Contents
- Part 1: Real burdens: general
- Meaning and creation
- 1The expression “real burden”
- 2Affirmative, negative and ancillary burdens
- 3Other characteristics
- 4Creation
- 5Further provision as respects constitutive deed
- 6Further provision as respects creation
- Duration, enforceability and liability
- 7Duration
- 8Right to enforce
- 9Persons against whom burdens are enforceable
- 10Affirmative burdens: continuing liability of former owner
- 10ANotice of potential liability for costs: further provision
- 11Affirmative burdens: shared liability
- Division of benefited or burdened property
- 12Division of a benefited property
- 13Division of a burdened property
- Construction
- 14Construction
- Extinction
- 15Discharge
- 16Acquiescence
- 17Further provision as regards extinction where no interest to enforce
- 18Negative prescription
- 19Confusio not to extinguish real burden
- Termination
- 20Notice of termination
- 21Intimation
- 22Oath or affirmation before notary public
- 23Prerequisite certificate for registration of notice of termination
- 24Effect of registration of notice of termination
- Part 2: Community burdens
- Meaning, creation etc.
- 25The expression “community burdens”
- 26Creation of community burdens: supplementary provision
- 27Effect on units of statement that burdens are community burdens
- Management of community
- 28Power of majority to appoint manager etc.
- 29Power of majority to instruct common maintenance
- 30Owners' decision binding
- 31Remuneration of manager
- 31ADisapplication of provisions of sections 28, 29 and 31 in certain cases
- Variation, discharge etc.
- 32The expressions “affected unit” and “adjacent unit”
- 33Majority etc. variation and discharge of community burdens
- 34Variation or discharge under section 33: intimation
- 35Variation and discharge of community burdens by owners of adjacent units
- 36Variation and discharge under section 35: intimation
- 37Preservation of community burden in respect of which deed of variation or discharge has been granted as mentioned in section 35(1)
- Part 3: Conservation and other personal real burdens
- Conservation burdens
- 38Conservation burdens
- 39Assignation
- 40Enforcement where no completed title
- 41Completion of title
- 42Extinction of burden on body ceasing to be conservation body
- Rural housing burdens
- 43Rural housing burdens
- Maritime burdens
- 44Maritime burdens
- Economic development burdens
- 45Economic development burdens
- Health care burdens
- 46Health care burdens
- Climate change burdens
- 46AClimate change burdens
- General
- 47Interest to enforce
- 48Discharge
- Part 4: Transitional: implied rights of enforcement
- Extinction of implied rights of enforcement
- 49Extinction
- 50Preservation
- 51Duties of Keeper: amendments relating to unenforceable real burdens Repealed
- New implied rights of enforcement
- 52Common schemes: general
- 53Common schemes: related properties
- 54Sheltered housing
- 55Grant of deed of variation or discharge of community burdens relating to sheltered or retirement housing: community consultation notice
- 56Facility burdens and service burdens
- 57Further provisions as respects rights of enforcement
- 58Duty of Keeper to enter on title sheet statement concerning enforcement rights Repealed
- Part 5: Real burdens: miscellaneous
- 59Effect of extinction etc. on court proceedings
- 60Grant of deed where title not completed: requirements
- 61Contractual liability incidental to creation of real burden
- 62Real burdens of combined type
- 63Manager burdens
- 64Overriding power to dismiss and appoint manager
- 65Manager: transitory provisions
- 66The expression “related properties”
- 67Discharge of rights of irritancy
- 68Requirement for repetition etc. of terms of real burden in future deed
- 69Further provision as respects deeds of variation and of discharge
- 70Duty to disclose identity of owner
- Part 6: Development management scheme
- 71Development management scheme
- 72Application of other provisions of this Act to rules of scheme
- 73Disapplication
- 74Intimation of proposal to register deed of disapplication
- Part 7: Servitudes
- Positive servitudes
- 75Creation of positive servitude by writing: deed to be registered
- 76Disapplication of requirement that positive servitude created in writing be of a known type
- 77Positive servitude of leading pipes etc. over or under land
- 78Discharge of positive servitude
- Negative servitudes
- 79Prohibition on creation of negative servitude
- Transitional
- 80Negative servitudes to become real burdens
- 81Certain real burdens to become positive servitudes
- Part 8: Pre-emption and reversion
- Pre-emption
- 82Application and interpretation of sections 83 and 84
- 83Extinction following pre-sale undertaking
- 84Extinction following offer to sell
- 85Ending of council’s right of pre-emption as respects certain churches
- Reversion
- 86Reversions under School Sites Act 1841
- 87Right to petition under section 7 of Entail Sites Act 1840
- 88Prescriptive period for obligations arising by virtue of 1841 Act or 1840 Act
- 89Repeal of Reversion Act 1469
- Part 9: Title conditions: powers of Lands Tribunal
- 90Powers of Lands Tribunal as respects title conditions
- 91Special provision as to variation or discharge of community burdens
- 92Early application for discharge: restrictive provisions
- 93Notification of application
- 94Content of notice
- 95Persons entitled to make representations
- 96Representations
- 97Granting unopposed application for discharge or renewal of real burden
- 98Granting other applications for variation, discharge, renewal or preservation of title condition
- 99Granting applications as respects development management schemes
- 100Factors to which the Lands Tribunal are to have regard in determining applications etc.
- 101Regulation of applications to Lands Tribunal
- 102Referral to Lands Tribunal of notice dispute
- 103Expenses
- 104Taking effect of orders of Lands Tribunal etc.
- Part 10: Miscellaneous
- Consequential alterations to Land Register
- 105Alterations to Land Register consequential upon registering certain deeds
- Compulsory acquisition of land
- 106Extinction of real burdens and servitudes etc. on compulsory acquisition of land
- 107Extinction of real burdens and servitudes etc. where land acquired by agreement
- Amendments
- 108Amendment of Church of Scotland (Property and Endowments) (Amendment) Act 1933
- 109Amendment of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
- 110Amendment of Forestry Act 1967
- 111Amendment of Conveyancing and Feudal Reform (Scotland) Act 1970
- 112Amendment of Land Registration (Scotland) Act 1979
- 113Amendment of Enterprise and New Towns (Scotland) Act 1990
- 114Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 2000
- Miscellaneous
- 115Further provision as respects notices of preservation or of converted servitude
- 116Benefited property outwith Scotland
- 117Pecuniary real burdens
- 118Common interest
- Part 11: Savings, transitional and general
- Savings and transitional provisions etc.
- 119Savings and transitional provisions etc.
- General
- 120Requirement for dual registration
- 121Crown application
- 122Interpretation
- 123The expression “owner”
- 124Sending
- 125References to distance
- 126Fees chargeable by Lands Tribunal in relation to functions under this Act
- 127Orders, regulations and rules
- 128Minor and consequential amendments, repeals and power to amend forms
- 129Short title and commencement
- Schedule 1: Form importing terms of title conditions
- Paragraph
- Schedule 1A: Form of notice of potential liability for costs
- “Notice of potential liability for costs
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 2: Form of notice of termination
- Paragraph Repealed
- Schedule 3: Form of affixed notice relating to termination
- Paragraph Repealed
- Schedule 4: Form of notice of proposal to register deed of variation or discharge
- Paragraph Repealed
- Schedule 5: Further form of notice of proposal to register deed of variation or discharge of community burden: sent version
- Paragraph Repealed
- Schedule 6: Further form of notice of proposal to register deed of variation or discharge of community burden: affixed version
- Paragraph Repealed
- Schedule 7: Form of notice of preservation
- Paragraph Repealed
- Schedule 8: Community consultation notice
- Paragraph Repealed
- Schedule 9: Form of notice of converted servitude
- Paragraph Repealed
- Schedule 10: Form of undertaking
- Paragraph Repealed
- Schedule 11: Title conditions not subject to discharge by Lands Tribunal
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 12: Form of application for relevant certificate
- Paragraph Repealed
- Schedule 13: Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 2000
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Schedule 14: Minor and consequential amendments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 15Repeals