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Title Conditions (Scotland) Act 2003

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This is the original version (as it was originally enacted).

91Special provision as to variation or discharge of community burdens

This section has no associated Explanatory Notes

(1)Without prejudice to section 90(1)(a)(i) of this Act, an application may be made to the Lands Tribunal under this section by owners of at least one quarter of the units in a community for the variation (“variation” including imposition) or discharge of a community burden as it affects, or as the case may be would affect, all or some of the units in the community.

(2)In the case of an application made by owners of some only of the units in the community, the units affected need not be the units which they own.

(3)Subsections (6), (7) and (9) of section 90 of this Act shall apply in relation to an order made by virtue of subsection (1) above varying or discharging a community burden as they apply to an order under subsection (1)(a)(i) of that section discharging a title condition.

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