Title Conditions (Scotland) Act 2003
Title Conditions (Scotland) Act 2003 (2003 asp 9)
- Title Conditions (Scotland) Act 2003 (2003 asp 9)
- Part 1 Real burdens: general
- Meaning and creation
- 1 The expression “real burden”
- 2 Affirmative, negative and ancillary burdens
- 3 Other characteristics
- 4 Creation
- 5 Further provision as respects constitutive deed
- 6 Further provision as respects creation
- Duration, enforceability and liability
- 7 Duration
- 8 Right to enforce
- 9 Persons against whom burdens are enforceable
- 10 Affirmative burdens: continuing liability of former owner
- 10A Notice of potential liability for costs: further provision
- 11 Affirmative burdens: shared liability
- Division of benefited or burdened property
- 12 Division of a benefited property
- 13 Division of a burdened property
- Construction
- 14 Construction
- Extinction
- 15 Discharge
- 16 Acquiescence
- 17 Further provision as regards extinction where no interest to enforce
- 18 Negative prescription
- 19 Confusio not to extinguish real burden
- Termination
- 20 Notice of termination
- 21 Intimation
- 22 Oath or affirmation before notary public
- 23 Prerequisite certificate for registration of notice of termination
- 24 Effect of registration of notice of termination
- Part 2 Community burdens
- Meaning, creation etc.
- 25 The expression “community burdens”
- 26 Creation of community burdens: supplementary provision
- 27 Effect on units of statement that burdens are community burdens
- Management of community
- 28 Power of majority to appoint manager etc.
- 29 Power of majority to instruct common maintenance
- 30 Owners' decision binding
- 31 Remuneration of manager
- 31A Disapplication of provisions of sections 28, 29 and 31 in certain cases
- Variation, discharge etc.
- 32 The expressions “affected unit” and “adjacent unit”
- 33 Majority etc. variation and discharge of community burdens
- 34 Variation or discharge under section 33: intimation
- 35 Variation and discharge of community burdens by owners of adjacent units
- 36 Variation and discharge under section 35: intimation
- 37 Preservation 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
- 38 Conservation burdens
- 39 Assignation
- 40 Enforcement where no completed title
- 41 Completion of title
- 42 Extinction of burden on body ceasing to be conservation body
- Rural housing burdens
- 43 Rural housing burdens
- Maritime burdens
- 44 Maritime burdens
- Economic development burdens
- 45 Economic development burdens
- Health care burdens
- 46 Health care burdens
- Climate change burdens
- 46A Climate change burdens
- General
- 47 Interest to enforce
- 48 Discharge
- Part 4 Transitional: implied rights of enforcement
- Extinction of implied rights of enforcement
- 49 Extinction
- 50 Preservation
- 51 Duties of Keeper: amendments relating to unenforceable real burdens
- New implied rights of enforcement
- 52 Common schemes: general
- 53 Common schemes: related properties
- 54 Sheltered housing
- 55 Grant of deed of variation or discharge of community burdens relating to sheltered or retirement housing: community consultation notice
- 56 Facility burdens and service burdens
- 57 Further provisions as respects rights of enforcement
- 58 Duty of Keeper to enter on title sheet statement concerning enforcement rights
- Part 5 Real burdens: miscellaneous
- 59 Effect of extinction etc. on court proceedings
- 60 Grant of deed where title not completed: requirements
- 61 Contractual liability incidental to creation of real burden
- 62 Real burdens of combined type
- 63 Manager burdens
- 64 Overriding power to dismiss and appoint manager
- 65 Manager: transitory provisions
- 66 The expression “related properties”
- 67 Discharge of rights of irritancy
- 68 Requirement for repetition etc. of terms of real burden in future deed
- 69 Further provision as respects deeds of variation and of discharge
- 70 Duty to disclose identity of owner
- Part 6 Development management scheme
- 71 Development management scheme
- 72 Application of other provisions of this Act to rules of scheme
- 73 Disapplication
- 74 Intimation of proposal to register deed of disapplication
- Part 7 Servitudes
- Positive servitudes
- 75 Creation of positive servitude by writing: deed to be registered
- 76 Disapplication of requirement that positive servitude created in writing be of a known type
- 77 Positive servitude of leading pipes etc. over or under land
- 78 Discharge of positive servitude
- Negative servitudes
- 79 Prohibition on creation of negative servitude
- Transitional
- 80 Negative servitudes to become real burdens
- 81 Certain real burdens to become positive servitudes
- Part 8 Pre-emption and reversion
- Pre-emption
- 82 Application and interpretation of sections 83 and 84
- 83 Extinction following pre-sale undertaking
- 84 Extinction following offer to sell
- 85 Ending of council’s right of pre-emption as respects certain churches
- Reversion
- 86 Reversions under School Sites Act 1841
- 87 Right to petition under section 7 of Entail Sites Act 1840
- 88 Prescriptive period for obligations arising by virtue of 1841 Act or 1840 Act
- 89 Repeal of Reversion Act 1469
- Part 9 Title conditions: powers of Lands Tribunal
- 90 Powers of Lands Tribunal as respects title conditions
- 91 Special provision as to variation or discharge of community burdens
- 92 Early application for discharge: restrictive provisions
- 93 Notification of application
- 94 Content of notice
- 95 Persons entitled to make representations
- 96 Representations
- 97 Granting unopposed application for discharge or renewal of real burden
- 98 Granting other applications for variation, discharge, renewal or preservation of title condition
- 99 Granting applications as respects development management schemes
- 100 Factors to which the Lands Tribunal are to have regard in determining applications etc.
- 101 Regulation of applications to Lands Tribunal
- 102 Referral to Lands Tribunal of notice dispute
- 103 Expenses
- 104 Taking effect of orders of Lands Tribunal etc.
- Part 10 Miscellaneous
- Consequential alterations to Land Register
- 105 Alterations to Land Register consequential upon registering certain deeds
- Compulsory acquisition of land
- 106 Extinction of real burdens and servitudes etc. on compulsory acquisition of land
- 107 Extinction of real burdens and servitudes etc. where land acquired by agreement
- Amendments
- 108 Amendment of Church of Scotland (Property and Endowments) (Amendment) Act 1933
- 109 Amendment of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
- 110 Amendment of Forestry Act 1967
- 111 Amendment of Conveyancing and Feudal Reform (Scotland) Act 1970
- 112 Amendment of Land Registration (Scotland) Act 1979
- 113 Amendment of Enterprise and New Towns (Scotland) Act 1990
- 114 Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 2000
- Miscellaneous
- 115 Further provision as respects notices of preservation or of converted servitude
- 116 Benefited property outwith Scotland
- 117 Pecuniary real burdens
- 118 Common interest
- Part 11 Savings, transitional and general
- Savings and transitional provisions etc.
- 119 Savings and transitional provisions etc.
- General
- 120 Requirement for dual registration
- 121 Crown application
- 122 Interpretation
- 123 The expression “owner”
- 124 Sending
- 125 References to distance
- 126 Fees chargeable by Lands Tribunal in relation to functions under this Act
- 127 Orders, regulations and rules
- 128 Minor and consequential amendments, repeals and power to amend forms
- 129 Short title and commencement
- SCHEDULE 1 Form importing terms of title conditions
- SCHEDULE 1A Form of notice of potential liability for costs
- “Notice of potential liability for costs
- 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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