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Title Conditions (Scotland) Act 2003

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This is the original version (as it was originally enacted).

112Amendment of Land Registration (Scotland) Act 1979

This section has no associated Explanatory Notes

(1)The 1979 Act shall be amended in accordance with the following subsections.

(2)In section 6(1) (duty to make up and maintain title sheet), for paragraph (e) there shall be substituted—

“(e)any subsisting real right pertaining to the interest or subsisting real burden or condition affecting the interest and, where the interest is so affected by virtue of section 18, 18A, 18B, 18C, 19, 20, 27 or 27A of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) or section 4(5), 50, 75 or 80 of the Title Conditions (Scotland) Act 2003 (asp 9), the Keeper shall in the entry identify the benefited property, or as the case may be the dominant tenement, (if any) and any person in whose favour the real burden is constituted;

(ee)any subsisting right to a title condition pertaining to the interest by virtue of section 18, 19 or 20 of that Act of 2000 or 4(5), 50, 75 or 80 of that Act of 2003, the Keeper identifying in the entry the burdened property;”.

(3)In section 9 (rectification of Land Register of Scotland), in subsection (3B), the existing words “any provision of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) other than section 4 or 65” shall be paragraph (a); and after that paragraph there shall be inserted the word “; or” and the following paragraph—

“(b)section 49, 50, 58 or 80 of the Title Conditions (Scotland) Act 2003 (asp 9),”.

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