War Damage to Land (Scotland) Act 1939

JurisdictionUK Non-devolved
Citation1939 c. 80


War Damage to Land (Scotland) Act, 1939

(2 & 3 Geo. 6.) CHAPTER 80.

An Act to modify the rights and liabilities of persons interested in and in Scotland damaged by war.

[1st September 1939]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Relief from obligation to repair in case of war damage.

1 Relief from obligation to repair in case of war damage.

(1) Where war damage occurs to any land comprised in a disposition, or in a lease or in a heritable security, nothing in such disposition, lease or heritable security, or in any deed or instrument bearing reference thereto or in the common law, shall be construed as requiring any party having a right or interest under such disposition or the lessor or lessee or the debtor in the heritable security to make good the war damage.

(2) A condition contained in a disposition or lease or in any deed or instrument bearing reference thereto that the disposition or lease or any such deed or instrument shall be void or voidable whenever there shall not be buildings of a certain value or description on the land shall not be operative where the failure to have such buildings on the land is due to war damage.

(3) The provisions of any enactment relating to the repair or maintenance of any building shall not extend to the making good of war damage.

S-2 War damage to land comprised in heritable security not to entitle creditor to enter into possession.

2 War damage to land comprised in heritable security not to entitle creditor to enter into possession.

2. Where war damage occurs to any land comprised in a heritable security nothing in the provisions of the heritable security or in any deed or instrument bearing reference thereto shall be construed as entitling the creditor to enter into possession of the land or sell the same solely on the ground that his security has been diminished by reason of the war damage.

S-3 Obligation to notify war damage in certain cases, &c.

3 Obligation to notify war damage in certain cases, &c.

3. Where war damage occurs to any land comprised in a disposition, a lease or a heritable security, it shall be the duty of the disponee or the lessee or the debtor in the heritable security—

a ) forthwith on the damage becoming known to him to serve a notice on any party having a right or interest under such disposition, or on the lessor or on the creditor in the heritable security stating that the damage has occurred and the general nature thereof so far as known; and
b ) to permit the person on whom notice shall have been served as aforesaid, or any person authorised by him, at such times as may be reasonable in the circumstances to enter on the land for the purpose of ascertaining the extent of the damage and at his own expense to make good the damage either temporarily or permanently
S-4 Power to modify contracts on occurrence of war damage.

4 Power to modify contracts on occurrence of war damage.

(1) Where war damage occurs—

(a ) to any land comprised in a disposition, or in a lease or in a heritable security; or

(b ) to any land the proprietor whereof is under obligation to pay the rents and revenues in whole or in part to any other person or to pay to any other person out of such rents and revenues any sum, periodic or otherwise (not being a sum in respect of a loan secured by a heritable security);

it shall be lawful for any person having a right or interest under such disposition, lease or heritable security, or for the proprietor under such obligation, to apply to...

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