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

Country/Territory
United Kingdom
Territorial subdivision
Scotland
Document type
Legislation
Date
2003 (2019)
Source
FAO, FAOLEX
Long title
An Act of the Scottish Parliament to make further provision as respects real burdens, servitudes and certain other obligations affecting land; to amend the law relating to the ranking of standard securities; and for connected purposes.
Subject
Land & soil
Keyword
Basic legislation Land reform Land tenure Lease Legal proceedings/administrative proceedings Servitude Land valuation Non-governmental entity Ownership Cultural heritage
Geographical area
Atlantic Ocean Islands, Europe, Europe and Central Asia, North Atlantic, North Sea, North-East Atlantic, Northern Europe
Entry into force notes
Subject to subsections (3) to (5) of section 129, this Act, shall come into force on the appointed day as defined in section 122. S.S.I. No. 454 (C. 23) brings into force on 1st November 2003 provisions of the Act relating to conservation burdens, maritime burdens, economic development burdens, health care burdens and the compulsory acquisition of land or the acquisition of land where compulsory powers could have been used.
Abstract

The Act stipulates rules for the creation, enforcement and extinction of real burdens, and special rules for community burdens and manager burdens. A “real burden” is an encumbrance on land constituted in favour of the owner of other land in that person's capacity as owner of that other land. Other burdens regulated by this Act include: Conservation burdens, community burdens, management burdens, rural housing burdens, maritime burdens, economic development burdens, and health care burdens. Burdens validly created under the old law will remain valid burdens - the legal effect will remain the same. No valid burdens will disappear as a result of the Act, though it provides a mechanism for getting rid of obsolete burdens. It should become easier to find out who has the right to enforce burdens. It reduces the number of outdated burdens by making it easier to discharge or vary them. It creates a framework for the way in which individuals may impose their own controls on property. The Act provides default rules for a number of areas where property may not be fully regulated by title deeds.

Full text
English
Website
www.legislation.gov.uk

References - Legislation

Implemented by

Title Conditions (Scotland) Act 2003 (Consequential Provisions) Order 2003 (S.S.I. No. 503 of 2003).

Legislation | United Kingdom | 2003

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

Source: FAO, FAOLEX

Lands Tribunal for Scotland Rules 2003 (S.S.I. No. 452 of 2003).

Legislation | United Kingdom | 2003

Keyword: Court/tribunal, Legal proceedings/administrative proceedings

Source: FAO, FAOLEX

Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 (S.S.I. No. 453 of 2003).

Legislation | United Kingdom | 2003

Keyword: Land-use planning, Institution

Source: FAO, FAOLEX

Amended by

Title Conditions (Scotland) Act 2003 (Consequential Provisions) Order 2003 (S.S.I. No. 503 of 2003).

Legislation | United Kingdom | 2003

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

Source: FAO, FAOLEX

Tenements (Scotland) Act 2004 (2004 asp 11).

Legislation | United Kingdom | 2004

Keyword: Land reform, Land tenure, Common property, Dispute settlement, Servitude

Source: FAO, FAOLEX

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

Legislation | United Kingdom | 2012

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

Source: FAO, FAOLEX

Forestry and Land Management (Scotland) Act 2018 (Consequential Amendments) Regulations 2019 (S.S.I. No. 125 of 2019).

Legislation | United Kingdom | 2019

Keyword: Protected area, Land-use planning, Forest management/forest conservation, Forestry protection measures, Timber extraction/logging, Afforestation/reforestation, National parks

Source: FAO, FAOLEX