Royal Arms Title Conditions (Scotland) Act 2003

2003 asp 9


 

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Title Conditions (Scotland) Act 2003

2003 asp 9

 
 
 
CONTENTS

PART 1
REAL BURDENS: GENERAL
Meaning and creation
Section 
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
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

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

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

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

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
    Schedule 2-Form of notice of termination
    Schedule 3-Form of affixed notice relating to termination
    Schedule 4-Form of notice of proposal to register deed of variation or discharge
    Schedule 5-Further form of notice of proposal to register deed of variation or discharge of community burden: sent version
    Schedule 6-Further form of notice of proposal to register deed of variation or discharge of community burden: affixed version
    Schedule 7-Form of notice of preservation
    Schedule 8-Community consultation notice
    Schedule 9-Form of notice of converted servitude
    Schedule 10-Form of undertaking
    Schedule 11-Title conditions not subject to discharge by Lands Tribunal
    Schedule 12-Form of application for relevant certificate
    Schedule 13-Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 2000
    Schedule 14-Minor and consequential amendments
    Schedule 15-Repeals
 


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Explanatory Note
 
 
 
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