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

Type of law
Legislation
Date of original text
Date of latest amendment
Source


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 It reduces the number of outdated burdens by making it easier to discharge or vary them.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.
Long title of text
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.
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.
Notes
Last textual amendment was made by the The Forestry and Land Management (Scotland) Act 2018. Title Conditions (Scotland) Act 2003 is up to date with all changes known to be in force on or before 11 March 2020. There are changes that may be brought into force at a future date. (See end of Document for details) View outstanding changes
Repealed
No
Source language

English

Legislation Amendment
No