Title Conditions (Scotland) Act 2003

Cited authorities (169)

Cited in

Amendments (320)

Jurisdiction	Scotland
Citation	2003 asp 9
Year	2003

Contenidos

Title Conditions (Scotland) Act 2003
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
^F10 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
^F27 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

^F36 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
^F37 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
^F39 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

SCHEDULES

SCHEDULE 1: ((introduced by section 6(2))) Form importing terms of title conditions

^F87 SCHEDULE 1A: ((introduced by section 10(2A))) Form of notice of potential liability for costs

“Notice of potential liability for costs

SCHEDULE 2: ((introduced by section 20(1))) Form of notice of termination
SCHEDULE 3: ((introduced by section 21(2)(b))) Form of affixed notice relating to termination
SCHEDULE 4: ((introduced by section 34(2)(a))) Form of notice of proposal to register deed of variation or discharge
SCHEDULE 5: ((introduced by section 36(2)(a))) Further form of notice of proposal to register deed of variation or discharge of community burden: sent version
SCHEDULE 6: ((introduced by section 36(2)(b))) Further form of notice of proposal to register deed of variation or discharge of community burden: affixed version
SCHEDULE 7: ((introduced by section 50(1))) Form of notice of preservation
SCHEDULE 8: ((introduced by section 55(2))) Community consultation notice
SCHEDULE 9: ((introduced by section 80(4))) Form of notice of converted servitude
SCHEDULE 10: ((introduced by section 83(1)(a))) Form of undertaking
SCHEDULE 11: ((introduced by section 90(3))) Title conditions not subject to discharge by Lands Tribunal

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