Ecolex Logo
The gateway to
environmental law
Search results » Legislation

Long Leases (Scotland) Act 2012 (2012 asp 9).

Country/Territory
United Kingdom
Territorial subdivision
Scotland
Document type
Legislation
Date
2012
Source
FAO, FAOLEX
Long title
An Act of the Scottish Parliament to convert certain long leases into ownership; to provide for the conversion into real burdens of certain rights and obligations under such leases; to provide for payment to former owners of land of compensation for loss of it on conversion; and for connected purposes.
Subject
Fisheries, Land & soil, Wild species & ecosystems
Keyword
Inland fisheries Land reform Land tenure Lease Contract/agreement Legal proceedings/administrative proceedings Servitude Hunting/capture Hunting rights
Geographical area
Atlantic Ocean Islands, Europe, Europe and Central Asia, North Atlantic, North Sea, North-East Atlantic, Northern Europe
Abstract

This Act converts ultra-long leases (i.e. leases that were let for over 175 years and that have over 100 years left to run from the appointed day) into ownership. Certain leasehold conditions to real burdens. The Act also covers compensation for loss of landlord’s rights and provides exemption from conversion and continuing leases. The conversion of qualifying leases to ownership is automatic, unless the tenant chooses to opt. The Act extinguishes all rights and obligations arising from the qualifying lease and any superior lease. The rights and obligations may be set out expressly in a deed or be implied by virtue of the landlord and tenant relationship. The Act also concerns rights of sport fishing and hunting reserved in the lease. As for fishing an exclusive right to fish for freshwater fish is included. Freshwater fish is defined in section 80. The definition mirrors that in section 69(1) of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003. Hunting rights include an exclusive right to take hares, pheasants, partridges, grouse and ptarmigan.

Full text
English
Website
www.opsi.gov.uk

References - Legislation

Amends

Title Conditions (Scotland) Act 2003 (2003 asp 9).

Legislation | United Kingdom | 2003 (2019)

Keyword: Basic legislation, Land reform, Land tenure, Lease, Legal proceedings/administrative proceedings, Servitude, Land valuation, Non-governmental entity, Ownership, Cultural heritage

Source: FAO, FAOLEX

Implemented by

Long Leases (Appeal Period) (Scotland) Order 2014 (S.S.I. No. 8 of 2014).

Legislation | United Kingdom | 2014

Keyword: Inland fisheries, Land reform, Land tenure, Lease, Contract/agreement, Legal proceedings/administrative proceedings, Servitude, Hunting/capture, Hunting rights

Source: FAO, FAOLEX

Long Leases (Prescribed Form of Notices etc.) (Scotland) Regulations 2014 (S.S.I. No. 9 of 2014).

Legislation | United Kingdom | 2014

Keyword: Climate change, Inland fisheries, Land reform, Land tenure, Lease, Contract/agreement, Legal proceedings/administrative proceedings, Servitude, Hunting/capture, Hunting rights, Management/conservation

Source: FAO, FAOLEX