Paragraph 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”.