Title Conditions (Scotland) Act 2003
Part 1Real 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 2Community 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 3Conservation 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 4Transitional: 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 5Real 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 6Development 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 7Servitudes
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 8Pre-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 9Title 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 10Miscellaneous
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 11Savings, 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 1Form importing terms of title conditions
There are imported the terms of the title conditions specified...
SCHEDULE 1AForm of notice of potential liability for costs
“Notice of potential liability for costs
Property to which the notice relates:
(see note 1 below)
Description of the maintenance or work to which notice relates:...
(see note 2 below)
Person giving notice:
(see note 3 below)
Signature:
(see note 4 below)
Date of signing:”
Notes for completion (These notes are not part of the...
1Describe the property in a way that is sufficient to...
2Describe the maintenance or work in general terms.
3Give the name and address of the person applying for...
4The notice must be signed by or on behalf of...
SCHEDULE 2Form of notice of termination
  
SCHEDULE 3Form of affixed notice relating to termination
  
SCHEDULE 4Form of notice of proposal to register deed of variation or discharge
  
SCHEDULE 5Further form of notice of proposal to register deed of variation or discharge of community burden: sent version
  
SCHEDULE 6Further form of notice of proposal to register deed of variation or discharge of community burden: affixed version
  
SCHEDULE 7Form of notice of preservation
  
SCHEDULE 8Community consultation notice
  
SCHEDULE 9Form of notice of converted servitude
  
SCHEDULE 10Form of undertaking
  
SCHEDULE 11Title conditions not subject to discharge by Lands Tribunal
1An obligation, however constituted, relating to the right to work...
2In so far as enforceable by or on behalf of—...
3An obligation created or imposed in or in relation to...
SCHEDULE 12Form of application for relevant certificate
  
SCHEDULE 13Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 2000
1The 2000 Act shall be amended in accordance with the...
2In section 17 (extinction of superior’s rights)—
3In section 18 (reallotment of real burden by nomination of...
4In section 20 (reallotment of real burden by order of...
5In section 25 (counter-obligations on reallotment)— (a) for the words...
6In section 27 (notice preserving right to enforce conservation burden)—...
7In section 42 (further provision as respects certain sections of...
8In section 43 (notices and agreements under certain sections: extent...
9In section 46(2) (discretion of Keeper in relation to entries...
10In section 49 (interpretation of Part 4)—
11In section 54 (extinction of superior’s rights and obligations qua...
12In section 56 (extinction etc. of certain payments analogous to...
13In section 73 (feudal terms in enactments and documents: construction...
14In section 75 (saving for contractual rights) the existing words...
15In section 77 (short title and commencement)—
16After schedule 5 there shall be inserted— SCHEDULE 5A Form...
17In schedule 8 (form of notice preserving conservation body’s or...
18After schedule 8 there shall be inserted— SCHEDULE 8A Form...
19After schedule 11 there shall be inserted— SCHEDULE 11A Form...
20In schedule 12 (minor and consequential amendments), in paragraph 9(17),...
SCHEDULE 14Minor and consequential amendments
1(1) Section 3 of the Registration of Leases (Scotland) Act...
2In section 138 of the Titles to Land Consolidation (Scotland)...
3(1) The Conveyancing (Scotland) Act 1924 shall be amended in...
4(1) The Conveyancing and Feudal Reform (Scotland) Act 1970 shall...
5(1) The Prescription and Limitation (Scotland) Act 1973 shall be...
6In section 2 of the Land Tenure Reform (Scotland) Act...
7(1) The 1979 Act shall be amended in accordance with...
8In section 17 of the Ancient Monuments and Archaeological Areas...
9In section 23 of the Health and Social Services and...
10In Schedule 3 to the Further and Higher Education (Scotland)...
11In section 16(6) of the Crofters (Scotland) Act 1993 (provisions...
12In section 58(1) of the Standards in Scotland’s Schools etc....
13In each of sections 1(1) (application to suspend enforcement of...
SCHEDULE 15Repeals

Title Conditions (Scotland) Act 2003

2003 asp 9

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.

Annotations:
Modifications etc. (not altering text)