Royal Arms Abolition of Feudal Tenure etc. (Scotland) Act

2000 asp 5


 

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Abolition of Feudal Tenure etc. (Scotland) Act

2000 asp 5

 
 
 
CONTENTS

PART 1
ABOLITION OF FEUDAL TENURE
Section 
1Abolition on appointed day
2Consequences of abolition
3Amendment of Land Registration (Scotland) Act 1979

PART 2
LAND TRANSFERS ETC. ON AND AFTER APPOINTED DAY
4Ownership of land
5Form of application for recording deed in Register of Sasines
6Deduction of title for unregistered land etc.

PART 3
FEUDUTIES
Extinction of feuduties
7Extinction on appointed day
8Requiring compensatory payment
9Calculation of amount of compensatory payment
10Making compensatory payment by instalments
11Service under section 8(1)
12Extinction by prescription of requirement to make compensatory payment

Arrears
13Arrears of feuduty etc.

Disclosure
14Duty of collecting third party to disclose information
15Duty to disclose identity etc. of former vassal

Interpretation
16Interpretation of Part 3

PART 4
REAL BURDENS
Extinction of superior's rights
17Extinction of superior's rights

Reallotment etc.
18Reallotment of real burden by nomination of new dominant tenement
19Reallotment of real burden by agreement
20Reallotment of real burden by order of Lands Tribunal
21Manner of dealing with application under section 20
22Amendment of Tribunals and Inquiries Act 1992
23Reallotment of real burden affecting facility of benefit to other land etc.
24Interest to enforce real burden
25Counter-obligations on reallotment

Conservation burdens
26Conservation bodies
27Notice preserving right to enforce conservation burden
28Enforcement of conservation burden
29Assignation of right to conservation burden
30Deduction of title for conservation burden
31Extinction of burden on body ceasing to be conservation body
32No standard security over conservation burden

Compensation
33Notice reserving right to claim compensation where land subject to development value burden
34Transmissibility of right to claim compensation
35Claiming compensation
36Service under section 35(3)
37Amount of compensation
38Duty to disclose identity of owner
39The expression "owner" for purposes of sections 35 to 38
40Assignation, discharge, or restriction, of reserved right to claim compensation

Miscellaneous
41Notices: pre-registration requirements etc.
42Further provision as respects sections 18 to 20, 27 and 33
43Notices and agreements under certain sections: extent of Keeper's duty
44Referral to Lands Tribunal of notice dispute
45Circumstances where certain notices may be registered after appointed day
46Duties of Keeper: amendments relating to the extinction of certain real burdens
47Extinction of counter-obligation
48No implication as to dominant tenement where real burden created in grant in feu

Interpretation
49Interpretation of Part 4

PART 5
ENTAILS
50Disentailment on appointed day
51Compensation for expectancy or interest of apparent or other nearest heir in an entailed estate
52Closure of Register of Entails

PART 6
MISCELLANEOUS
Discharge of certain rights and extinction of certain obligations and payments
53Discharge of rights of irritancy
54Extinction of superior's rights and obligations qua superior
55Abolition of thirlage
56Extinction etc. of certain payments analogous to feuduty
57Extinction by prescription of obligation to pay redemption money for feuduty, ground annual etc.

The Crown, the Lord Lyon and Barony
58Crown application
59Crown may sell or otherwise dispose of land by disposition
60Preserved right of Crown to maritime burdens
61Mines of gold and silver
62Jurisdiction and prerogative of Lord Lyon
63Baronies and other dignities and offices

Kindly Tenants of Lochmaben
64Abolition of Kindly Tenancies

Miscellaneous
65Creation of proper liferent
66Obligation to make title deeds and searches available
67Prohibition on leases for periods of more than 175 years
68Certain applications to Sheriff of Chancery
69Application of 1970 Act to earlier forms of heritable security
70Ownership of land by a firm

PART 7
GENERAL
71The appointed day
72Interpretation
73Feudal terms in enactments and documents: construction after abolition of feudal system
74Orders, regulations and rules
75Saving for contractual rights
76Minor and consequential amendments, repeals and power to amend or repeal enactments
77Short title and commencement
 

 
    Schedule 1-Form of notice requiring compensatory payment etc.: cumulo feuduty
    Schedule 2-Form of notice requiring compensatory payment etc.: ordinary case
    Schedule 3-Form of instalment document
    Schedule 4-Procedures as to service under section 8(1)
    Schedule 5-Form of notice prospectively nominating dominant tenement
    Schedule 6-Form of notice seeking agreement to the prospective nomination of a dominant tenement
    Schedule 7-Form of notice intimating application to Lands Tribunal under section 20(1)
    Schedule 8-Form of notice preserving conservation body's or Scottish Ministers' right to real burden
    Schedule 9-Form of notice reserving right to compensation in respect of extinction of development value burden
    Schedule 10-Procedures as to service under section 35(3)
    Schedule 11-Form of assignation, discharge or restriction of reserved right to claim compensation
    Schedule 12-Minor and consequential amendments
    Part 1-Minor and consequential amendments: general
    Part 2-Minor and consequential amendments relating to the National Trust for Scotland
    Schedule 13-Repeals
    Part 1-Repeals: general
    Part 2-Repeals relating to the National Trust for Scotland
 


 

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Explanatory Note
 
 
 
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