Acts of the Scottish Parliament

2003 asp 9

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 26th February 2003 and received Royal Assent on 3rd April 2003

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.

(a) the encumbered land is known as the "burdened property"; and

(b) the other land is known as the "benefited property".

(a) an obligation to do something (including an obligation to defray, or contribute towards, some cost); or

(b) an obligation to refrain from doing something.

(a) paragraph (a) of subsection (1) above is known as an "affirmative burden"; and

(b) paragraph (b) of that subsection is known as a "negative burden".

(a) consists of a right to enter, or otherwise make use of, property; or

(b) makes provision for management or administration,

(a) a right of redemption or reversion; or

(b) any other type of option to acquire the burdened property.

(a) the manager of property; or

(b) the supplier of any services in relation to property).

(a) to make in the constitutive deed provision; or

(b) to import under section 6(1) of this Act terms which include provision,

(a) a date specified in that deed (the specification being of a fixed date and not, for example, of a date determinable by reference to the occurrence of an event); or

(b) the date of registration of some other deed so specified.

(a) sets out (employing, unless subsection (3) below is invoked, the expression "real burden") the terms of the prospective real burden;

(b) is granted by or on behalf of the owner of the land which is to be the burdened property; and

(c) except in the case mentioned in subsection (4) below, nominates and identifies-

(i) that land;

(ii) the land (if any) which is to be the benefited property; and

(iii) any person in whose favour the real burden is to be constituted (if it is to be constituted other than by reference to the person's capacity as owner of any land).

(a) an amount payable in respect of an obligation to defray some cost is not specified in the constitutive deed; or

(b) a proportion or share payable in respect of an obligation to contribute towards some cost is not so specified provided that the way in which that proportion or share can be arrived at is so specified.

(a) is granted by or on behalf of the owner of that land; and

(b) imports the terms of the prospective burden.

(a) a person who has a real right of lease or proper liferent in the benefited property (or has a pro indiviso share in such right);

(b) a person who-

(i) is the non-entitled spouse of an owner of the benefited property or of a person mentioned in paragraph (a) above; and

(ii) has occupancy rights in that property; and

(c) if the real burden was created as mentioned in subsection (3)(b) below, a person who was, at the time the cost in question was incurred-

(i) an owner of the benefited property; or

(ii) a person having such title by virtue of paragraph (a) or (b) above.

(a) in the circumstances of any case, failure to comply with the real burden is resulting in, or will result in, material detriment to the value or enjoyment of the person's ownership of, or right in, the benefited property; or

(b) the real burden being an affirmative burden created as an obligation to defray, or contribute towards, some cost, that person seeks (and has grounds to seek) payment of, or as respects, that cost.

(a) a right of pre emption, redemption or reversion; or

(b) any other type of option to acquire the burdened property,

(a) the owner, or tenant, of the burdened property; or

(b) any other person having the use of that property.

(a) in a case where-

(i) the burden is a community burden; and

(ii) a binding decision to incur expenditure is made,

on the date on which that decision is made; or

(b) in any other case, on-

(i) such date; or

(ii) the occurrence of such event,

as may be stipulated for its performance (whether in the constitutive deed or otherwise).

(a) are severally liable in respect of the burden; and

(b) as between (or among) themselves, are liable in the proportions which the areas of their respective parts bear to the area of the burdened property.

(a) they are severally liable in respect of the burden; and

(b) as between (or among) themselves, they are liable in the proportions in which they own the property.

(a) that the part retained and the part conveyed are separately to constitute benefited properties; or

(b) that it is the part retained which is to cease to be a benefited property.

(a) identify the constitutive deed, say where it is registered and give the date of registration;

(b) identify the real burdens; and

(c) be of no effect in so far as it relates to-

(i) a right of pre-emption, redemption or reversion; or

(ii) any other type of option to acquire the burdened property,

if it is other than such provision as is mentioned in paragraph (b) of that subsection.

(a) the property, part of which is conveyed, is a benefited property only by virtue of any of sections 52 to 56 of this Act;

(b) the real burdens are community burdens; or

(c) the real burdens are set out in a common deed of conditions, that is to say in a deed which sets out the terms of the burdens imposed on the part conveyed, that part being one of two or more properties on which they are or will be imposed under a common scheme.

(a) wholly; or

(b) to such extent as may be specified in the deed of discharge.

(a) a real burden is breached in such a way that material expenditure is incurred;

(b) any benefit arising from such expenditure would be substantially lost were the burden to be enforced; and

(c) in the case of-

(i) a burden other than a conservation burden, economic development burden or health care burden, the owner of the benefited property (if any) has an interest to enforce the burden in respect of the breach and consents to the carrying on of the activity which results in that breach, or every person by whom the burden is enforceable and who has such an interest, either so consents or, being aware of the carrying on of that activity (or, because of its nature, being in a position where that person ought to be aware of it), has not, by the expiry of such period as is in all the circumstances reasonable (being in any event a period which does not exceed that of twelve weeks beginning with the day by which that activity has been substantially completed), objected to its being carried on; or

(ii) a conservation burden, economic development burden or health care burden, the person by whom the burden is enforceable consents to the carrying on of that activity,

the burden shall, to the extent of the breach, be extinguished.

(a) a real burden is breached to any extent; and

(b) during the period of five years beginning with the breach neither-

(i) a relevant claim; nor

(ii) a relevant acknowledgement,

is made,

(a) a right of pre-emption, redemption or reversion; or

(b) any other type of option to acquire the burdened property,

(a) in each of sections 9 and 10 of that Act-

(i) subsection (2) shall not apply;

(ii) for any reference to an obligation there shall be substituted a reference to a real burden; and

(iii) for any reference to a creditor there shall be substituted a reference to any person by whom a real burden is enforceable;

(b) in section 9 of that Act, for the reference to a creditor in an obligation there shall be substituted a reference to any person by whom a real burden is enforceable; and

(c) in section 10 of that Act, for any reference to a debtor there shall be substituted a reference to any person against whom the real burden is enforceable.

(a) the period of five years beginning with the appointed day; and

(b) the period of twenty years beginning with the breach.

(a) the same person is the owner of the benefited property and the burdened property; or

(b) in a case in which there is no benefited property, the person in whose favour the real burden is constituted is the owner of the burdened property.

(a) except where paragraph (b) below applies, the person who has given such intimation; or

(b) where that person no longer has the right or obligation by virtue of which intimation was given, the person who has most recently acquired that right or obligation.

(a) a conservation burden;

(b) a maritime burden;

(c) a facility burden;

(d) a service burden; or

(e) a real burden which is a title condition of a kind specified in schedule 11 to this Act.

(a) identify the land which is the burdened property;

(b) describe the terminator's connection with the property (as for example by identifying the terminator as an owner or as a tenant);

(c) set out the terms of the real burden and (if it is not wholly to be terminated) specify the extent of the termination;

(d) specify a date on or before which any application under paragraph (b) of section 90(1) of this Act will require to be made if the real burden is to be renewed or varied under that paragraph (that date being referred to in this Act as the "renewal date");

(e) specify the date on which, and the means by which, intimation was given under subsection (1) of section 21 of this Act; and

(f) set out the name (in so far as known) and the address of each person to whom intimation is sent under subsection (2)(a) of that section.

(a) to the owner of each benefited property;

(b) in the case of a personal real burden, to the holder; and

(c) to the owner (or, if the terminator is an owner, to any other owner) of the burdened property.

(a) by sending a copy of the proposed notice of termination, completed as respects all the matters which must, in pursuance of paragraphs (a) to (d) and (f) of section 20(4) of this Act, be identified, described, set out or specified in the notice and with the explanatory note which immediately follows the form of notice of termination in schedule 2 to this Act;

(b) by affixing to the burdened property and to-

(i) in a case (not being one mentioned in paragraph (c)(ii) below) where there exists one, and only one, lamp post which is situated within one hundred metres of that property, that lamp post; or

(ii) in a case (not being one so mentioned) where there exists more than one lamp post so situated, each of at least two such lamp posts,

a conspicuous notice in the form set out in schedule 3 to this Act; or

(c) in a case where-

(i) it is not possible to comply with paragraph (b) above; or

(ii) the burdened property is minerals or salmon fishings,

by advertisement in a newspaper circulating in the area of the burdened property.

(a) under subsection (1)(b) or (c) above; or

(b) under subsection (1)(a) above in relation to a benefited property which is at some point within four metres of the burdened property.

(a) identify the land which is the burdened property;

(b) set out the terms of the real burden either in full or by reference to the constitutive deed;

(c) specify the name and address of a person from whom a copy of the proposed notice of termination may be obtained; and

(d) state that any owner of a benefited property, or as the case may be any holder of a personal real burden, may apply to the Lands Tribunal for Scotland for the real burden to be renewed or varied but that if no such application is received by a specified date (being the renewal date) the consequence may be that the real burden is extinguished.

(a) is entitled to affix a notice to a lamp post in compliance with subsection (2)(b) above regardless of who owns the lamp post but must-

(i) take all reasonable care not to damage the lamp post in doing so; and

(ii) remove the notice no later than one week after the date specified in it as the renewal date; and

(b) must, until the day immediately following the date so specified, take all reasonable steps to ensure that the notice continues to be displayed and remains conspicuous and readily legible.

(a) an individual unable by reason of legal disability, or incapacity, to swear or affirm as mentioned in that subsection, then a legal representative of the terminator may swear or affirm;

(b) not an individual, then any person authorised to sign documents on its behalf may swear or affirm;

(a) has been withdrawn; or

(b) relates (either or both)-

(i) to one or more but not to all of the real burdens the terms of which are set out in the notice (any real burden to which it relates being described in the certificate);

(ii) to one or more but not to all (or probably or possibly not to all) of the benefited properties (any benefited property to which it relates being described in the certificate),

and where more than one such application has been received the certificate shall relate to both (or as the case may be all) applications.

(a) is constituted in favour of the property of which the applicant is owner; or

(b) is a personal real burden of which the applicant is holder,

(a) real burdens are imposed under a common scheme on four or more units; and

(b) each of those units is, in relation to some or all of those burdens, both a benefited property and a burdened property,

(a) the appointment by the owners of a manager;

(b) the dismissal by the owners of a manager;

(c) the powers and duties of a manager;

(d) the nomination of a person to be the first manager;

(e) the procedures to be followed by the owners in making decisions about matters affecting the community;

(f) the matters on which such decisions may be made; and

(g) the resolution of disputes relating to community burdens.

(a) the units subject to community burdens; and

(b) any unit in a sheltered or retirement housing development which is used in some special way as mentioned in section 54(1) of this Act.

(a) appoint a person to be the manager of the community on such terms as they may specify;

(b) confer on any such manager the right to exercise such of their powers as they may specify;

(c) revoke, or vary, the right to exercise such of the powers conferred under paragraph (b) above as they may specify; and

(d) dismiss any such manager.

(a) power to carry out maintenance;

(b) power to enforce community burdens; and

(c) power to vary or discharge such burdens.

(a) community burdens impose an obligation on the owners of all or some of the units to maintain, or contribute towards the cost of maintaining, particular property; and

(b) the obligation so imposed accounts for the entire liability for the maintenance of such property.

(a) decide that maintenance should be carried out;

(b) by written notice to each owner, require that owner to deposit-

(i) by such date as they may specify (being a date not less than twenty-eight days after the requirement is made of that owner); and

(ii) into such account (the "maintenance account") as they may nominate for the purpose,

a sum of money (being a sum not exceeding that owner's apportioned share, in accordance with the terms of the community burdens, of a reasonable estimate of the cost of maintenance);

(c) give any such authorisation as is mentioned in subsection (4)(h) below;

(d) instruct or carry out such maintenance; and

(e) modify or revoke anything done by them by virtue of paragraphs (a) to (d) above.

(a) the estimated cost of carrying out that maintenance;

(b) why the estimate is considered a reasonable estimate;

(c) how-

(i) the sum required from the owner in question; and

(ii) the apportionment among the owners,

have been arrived at;

(d) what the apportioned shares of the other owners are;

(e) the date on which the decision to carry out the maintenance was taken and the names of those by whom it was taken;

(f) a timetable for the carrying out of the maintenance, including the dates by which it is proposed the maintenance will be-

(i) commenced; and

(ii) completed;

(g) the location and number of the maintenance account; and

(h) the names and addresses of the persons who will be authorised to operate that account on behalf of the community.

(a) to inspect, at any reasonable time, any tender received in connection with the maintenance to be carried out;

(b) if-

(i) that maintenance is not commenced by the fourteenth day after the date specified by virtue of subsection (4)(f)(i) above; and

(ii) the owner demands, by written notice, from the persons authorised under subsection (4)(h) above repayment (with accrued interest) of such sum as has been deposited by that owner in compliance with the requirement under subsection (2)(b) above,

to be repayed accordingly; except that no requirement to make repayment in compliance with a notice under paragraph (b)(ii) above shall arise if the persons so authorised do not receive that notice before the maintenance is commenced.

(a) by repaying each depositor, with any accrued interest and after deduction of that person's apportioned share of the actual cost of the maintenance, the sum which the person deposited; or

(b) in such other way as the depositors agree in writing.

(a) the owners in accordance with such provision as is made in community burdens; or

(b) a majority of them, in accordance with section 28 or 29 of this Act,

(a) they are severally liable for any share payable in respect of that unit; and

(b) as between (or among) themselves, they are liable in the proportions in which they own the unit.

(a) where provision is made in the constitutive deed for it to be granted by the owners of such units in the community as may be specified, by or on behalf of the owners of those units; or

(b) where no such provision is made, in accordance with subsection (2) below.

(a) by or on behalf of the owners of a majority of the units in the community (except that, where one person owns a majority of those units, the deed must also be granted by at least one other owner); or

(b) where the manager of the community is authorised to do so (whether in the constitutive deed or otherwise), by that manager.

(a) granted in accordance with such provision as is made in that regard in the constitutive deed; or

(b) where no such provision is made, granted by or on behalf of those of them who together own more than a half share of the unit.

(a) a notice in, or as near as may be in, the form set out in schedule 4 to this Act; and

(b) the explanatory note which immediately follows that form in that schedule.

(a) references in the said subsections (2) and (4) to subsection (1) of that section are to be construed as references to subsection (3) above;

(b) the reference in the former of those said subsections to no application having been received under section 37 is to be construed as a reference to none having been received under this section; and

(c) the reference in the latter of those said subsections to section 36 of this Act is to be construed as a reference to subsections (1) and (2) above.

(a) an individual unable by reason of legal disability, or incapacity, to swear or affirm as mentioned in the said subsection (4), then a legal representative of that person may swear or affirm;

(b) not an individual, then any person authorised to sign documents on its behalf may swear or affirm,

(a) shall not apply where the burden is a facility burden or a service burden or where the units constitute a sheltered or retirement housing development;

(b) may expressly be disapplied by the constitutive deed; and

(c) is subject to sections 36 and 37 of this Act and to any determination of the Lands Tribunal.

(a) by sending a copy of the deed together with-

(i) a notice in, or as near as may be in, the form set out in schedule 5 to this Act; and

(ii) the explanatory note which immediately follows that form in that schedule;

(b) by affixing to each affected unit and to-

(i) in a case where there exists one, and only one, lamp post which is situated within one hundred metres of that unit, that lamp post; or

(ii) in a case where there exists more than one lamp post so situated, each of at least two such lamp posts,

a conspicuous notice in the form set out in schedule 6 to this Act; or

(c) in a case where it is not possible to comply with paragraph (b) above, by advertisement in a newspaper circulating in the area of the affected unit.

(a) identify the land which is the affected unit;

(b) set out the terms of the community burden either in full or by reference to the constitutive deed;

(c) specify the name and address of the person who proposes to register the deed and state that from that person (or from some other person whose name and address are specified in the advertisement) a copy of that deed may be obtained;

(d) state that any owner of a unit who has not granted the deed may apply to the Lands Tribunal for Scotland for the community burden to be preserved but that if no such application is received by a specified date (being the date on which the period mentioned in section 37(1) of this Act expires) the consequence may be that the community burden is varied or discharged in relation to the affected unit.

(a) has been withdrawn; or

(b) relates to one or more but not to all of the community burdens the terms of which are set out in the deed (any community burden to which it relates being described in the certificate),

(a) that section 36 of this Act has been complied with; and

(b) as to the date on which the period mentioned in subsection (1) above expires,

(a) the architectural or historical characteristics of any land; or

(b) any other special characteristics of any land (including, without prejudice to the generality of this paragraph, a special characteristic derived from the flora, fauna or general appearance of the land);

(a) that body to the creation of the burden in its favour; or

(b) those Ministers to the creation of the burden in their favour,

(a) title may be completed by the holder registering a notice of title; or

(b) without completing title, the holder may grant-

(i) under section 39 of this Act, a deed assigning the right to the burden; or

(ii) under section 48 of this Act, a deed discharging, in whole or in part, the burden,

but unless the deed is one to which section 15(3) of the 1979 Act (circumstances where unnecessary to deduce title) applies, it shall be necessary, in the deed, to deduce title to the burden through the midcouples linking the holder to the person who had the last completed title.

(a) the holder of a conservation burden is a conservation body or, as the case may be, two or more such bodies; and

(b) that body ceases to be such a body, or those bodies cease to be such bodies (whether because an order under section 38(7) of this Act so provides or because the body in question has ceased to exist),

(a) "sea bed" means the bed of the territorial sea adjacent to Scotland; and

(b) "territorial sea" includes any tidal waters.

(a) to grant a standard security over; or

(b) to assign the right to,

(a) to grant a standard security over; or

(b) to assign the right to,

(a) wholly; or

(b) to such extent as may be specified in the deed of discharge.

(a) identify the land which is the burdened property (or any part of that land);

(b) identify the land which is the benefited property (or any part of that land);

(c) where the person registering the notice does not have a completed title to the benefited property, set out the midcouples linking that person to the person who last had such completed title;

(d) set out the terms of the real burden; and

(e) set out the grounds, both factual and legal, for describing as a benefited property the land identified in pursuance of paragraph (b) above.

(a) an individual unable by reason of legal disability, or incapacity, to swear or affirm as mentioned in that subsection, then a legal representative of the person may swear or affirm;

(b) not an individual, then any person authorised to sign documents on its behalf may swear or affirm;

(a) is requested, in an application for registration or rectification, to remove the real burden; or

(b) is, under section 9(1) of the 1979 Act (rectification of the register), ordered to do so by the court or the Lands Tribunal,

(a) a court; or

(b) the Lands Tribunal,

(a) that two months after the final decision on the application; and

(b) that prescribed under section 115(6)(ii) of this Act.

(a) that deed; or

(b) any other deed so registered,

(a) the convenience of managing the properties together because they share-

(i) some common feature; or

(ii) an obligation for common maintenance of some facility;

(b) there being shared ownership of common property;

(c) their being subject to the common scheme by virtue of the same deed of conditions; or

(d) the properties each being a flat in the same tenement.

(a) of-

(i) a facility; or

(ii) a service,

which is one of those which make a sheltered or retirement housing development particularly suitable for such occupation as is mentioned in subsection (3) above; or

(b) of any other facility if it is a facility such as is mentioned in that subsection,

(a) section 28 of this Act applies with the following modifications-

(i) in subsection (1), the reference to the owners of a majority of the units in a community shall, for the purposes of paragraphs (b) and (c) of that subsection, be construed as a reference to the owners of at least two thirds of the units in the development; and

(ii) in paragraph (c) of subsection (2), the reference to varying or discharging shall be construed as a reference only to varying and that to community burdens as a reference only to real burdens which are not core burdens (the words "Without prejudice to the generality of subsection (1)(b) above," which begin the subsection being, for the purposes of that modification, disregarded except in so far as they give meaning to the words "the powers mentioned there" which immediately follow them);

(b) section 33 of this Act, in relation to core burdens, applies with the following modifications-

(i) in subsection (1), the reference to varying or discharging shall, in relation to a deed granted in accordance with subsection (2) of the section, be construed as a reference only to varying; and

(ii) in subsection (2)(a) the reference to the owners of a majority of the units shall be construed as a reference to the owners of at least two thirds of the units of the development; and

(c) no real burden relating to a restriction as to any person's age may be varied or discharged by virtue of section 33(2) of this Act.

(a) in paragraph (a) of the said subsection (4), to section 36 of this Act is to be construed as a reference to this section; and

(b) in paragraph (b) of that subsection, to subsection (1) of section 37 of this Act is to be construed as a reference to subsection (3) above.

(a) an individual unable by reason of legal disability, or incapacity, to swear or affirm as mentioned in the said subsection (4), then a legal representative of that person may swear or affirm;

(b) not an individual, then any person authorised to sign documents on its behalf may swear or affirm,

(a) a facility burden is imposed on land, then-

(i) any land to which the facility is (and is intended to be) of benefit; and

(ii) the heritable property which constitutes the facility,

shall be benefited properties in relation to the facility burden;

(b) a service burden is imposed on land, then any land to which the services are provided shall be a benefited property in relation to the service burden.

(a) during that period of ten years which commences with the appointed day, may; and

(b) after the expiry of that period, shall,

(i) a statement that the real burden subsists by virtue of the section in question; and

(ii) where there is sufficient information to enable the Keeper to describe the benefited property, a description of that property,

and where there is that sufficient information the Keeper shall enter that statement on the title sheet of the benefited property also, together with a description of the burdened property.

(a) no proceedings for enforcement shall be commenced;

(b) any such proceedings already commenced shall, in so far as they do not relate to the payment of money, be deemed to have been abandoned on that day and may, without further process and without any requirement that full judicial expenses shall have been paid by the pursuer, be dismissed accordingly; and

(c) any decree or interlocutor already pronounced in proceedings for such enforcement shall, in so far as it does not relate to the payment of money, be deemed to have been reduced, or as the case may be recalled, on that day.

(a) a constitutive deed;

(b) a deed of discharge; or

(c) a deed of variation,

(a) act as the manager of related properties;

(b) appoint some other person to be such manager; and

(c) dismiss any person appointed by virtue of paragraph (b) above,

(a) the date on which such period as may be specified in the burden expires;

(b) the relevant date;

(c) the ninetieth day of any continuous period throughout which, by virtue of subsection (2) above, the burden is not exerciseable; and

(d) if a manager is dismissed under section 64 of this Act (in the case mentioned in subsection (6) below), the date of dismissal.

(a) in the case so mentioned means the date thirty years after the day specified in subsection (7) below;

(b) in a case where the manager burden is imposed under a common scheme on any unit of a sheltered or retirement housing development, means the date three years after the day so specified; and

(c) in any other case, means the date five years after the day so specified.

(a) a person such as is mentioned in any of the sub-paragraphs of subsection (2)(a) of that section; or

(b) a predecessor of any such person,

(a) under section 28(1)(d) of this Act; or

(b) in a case other than that mentioned in subsection (6) above, under section 64 of this Act.

(a) dismiss that person; and

(b) where they do so, appoint some other person to be such manager,

(a) the convenience of managing the properties together because they share-

(i) some common feature; or

(ii) an obligation for common maintenance of some facility;

(b) it being evident that the properties constitute a group of properties on which real burdens are imposed under a common scheme; or

(c) there being shared ownership of common property.

(a) any property which, being a unit in a sheltered or retirement housing development, is used in some special way (that is to say, is the unit mentioned as an exception in section 54(1) of this Act);

(b) any property to which a development management scheme applies; or

(c) any facility which benefits two or more properties (examples of such a facility being, without prejudice to the generality of this paragraph, a private road and a common area for recreation).

(a) it shall not be competent to create any such right; and

(b) any proceedings already commenced to enforce any such right shall be deemed abandoned and may, without further process and without any requirement that full judicial expenses shall have been paid by the pursuer, be dismissed accordingly.

(a) the name and address of the owner, for the time being, of such property; or

(b) (if the second person cannot do that) such other information as the second person has which might enable the entitled person to discover that name and address.

(a) on such later date as may be so specified (the specification being of a fixed date and not, for example, of a date determinable by reference to the occurrence of an event); or

(b) on the date of registration of such other deed as may be so specified,

(a) the meaning, in the scheme, of such expressions as "the development", "scheme property" and "unit";

(b) the name by which any owners' association established by the scheme is to be known, being a name which either ends with the words "Owners Association" or begins with those words preceded by the definite article;

(c) the name and address of the first manager of any association so established.

(a) to an owner of a benefited property shall be construed as to the manager of any owners' association established by the scheme;

(b) to a benefited property shall be construed as to a unit of the development in so far as advantaged by those rules;

(c) to a burdened property shall be construed as to a unit of the development in so far as constrained by those rules;

(d) to a community shall be construed as to the development; and

(e) to a constitutive deed shall be construed as to the deed of application.

(a) on the date of registration; or

(b) notwithstanding section 3(4) of the 1979 Act (creation of real right or obligation on date of registration etc.), on such later date as may be specified in the deed (the specification being of a fixed date and not, for example, of a date determinable by reference to the occurrence of an event).

(a) in the case of disapplication to the development, of the development or of any part of the development; or

(b) in the case of disapplication to a part of the development, of that part or of any part of that part,

(a) that section 74 of this Act has been complied with; and

(b) as to the date on which the period mentioned in subsection (3) of that section expires.

(a) what the effect of registering the deed would be; and

(b) that an owner who has not agreed to the granting of the deed and who wishes to apply to the Lands Tribunal for preservation of the development management scheme must do so by a date specified in the notice (being the date on which the period mentioned in subsection (3) below expires).

(a) is subject to section 3(1) of the Prescription and Limitation (Scotland) Act 1973 (c.52) (creation of positive servitude by 20 years' possession following execution of deed); and

(b) does not apply to servitudes such as are mentioned in section 77(1) of this Act.

(a) which has been registered against the burdened property; or

(b) which has been noted in, or otherwise appears in, the title sheet of that property,

(a) identify the land which is the burdened property (or any part of that land);

(b) identify the land which is the benefited property (or any part of that land);

(c) where the person registering the notice does not have a completed title to the benefited property, set out the midcouples linking that person to the person who last had such completed title;

(d) set out the terms of the converted servitude;

(e) include as an annexation the constitutive deed, if any (or a copy of such deed); and

(f) if the land identified for the purposes of paragraph (b) above is not nominated in the constitutive deed, set out the grounds, both factual and legal, for describing that land as a benefited property.

(a) is subject to section 17(1) of the 2000 Act (extinction on appointed day of certain rights of superior);

(b) does not apply to real burdens such as are mentioned in section 2(3)(a) of this Act.

(a) was originally created in favour of a feudal superior; or

(b) was created in a deed executed after 1st September 1974,

(a) the holder of a right of pre-emption to which this section applies gives an undertaking (in the form, or as nearly as may be in the form, contained in schedule 10 to this Act) that, subject to such conditions (if any) as the holder may specify in the undertaking, the holder will not exercise that right during such period as may be so specified;

(b) a conveyance in implement of the sale of the burdened property (or part) is registered before the end of that period; and

(c) any conditions specified under paragraph (a) above have been satisfied,

(a) is binding on the holder of the right of pre-emption; and

(b) if registered is binding on any successor as holder provided that the undertaking was registered before the successor completed title.

(a) an event specified in the constitutive deed as an event on the occurrence of which such right may be exercised occurs; and

(b) the owner of the burdened property makes, in accordance with subsections (2) to (6) below, an offer to sell that property (or, as the case may be, part of that property) to the holder of such right,

(a) the period of 21 days, or where the right is constituted as a rural housing burden 42 days, beginning with the day on which the offer is sent;

(b) such number of days beginning with that day as may be specified in the constitutive deed.

(a) an offer is sent in accordance with this section; and

(b) the holder of the right does not, within the time allowed by virtue of subsection (3) above for acceptance of the offer, inform (in writing, whether or not transmitted by electronic means) the owner of the burdened property that the holder considers, giving reasons for so considering, that the terms on which the offer is made are unreasonable,

(a) land would, under the third proviso to section 2 of the School Sites Act 1841 (4 & 5 Vict. c.38) (the "1841 Act") revert (but for this section) to any person or has so reverted; but

(b) the person has not, before the day on which this section comes into force, completed title to the land, subsections (2) to (9) below shall (to the extent that subsection (9) admits) apply in place of that proviso and be deemed always to have applied and nothing shall be void or challengeable by virtue of that proviso.

(a) before the day on which this section comes into force, an amount equal to the open market value of the land as at that day;

(b) on or after that day, an amount equal to the open market value of the land as at the date of cessation less any improvement value as at that date.

(a) the person may specify an obligation mentioned in paragraph (a), or as the case may be (b), of subsection (4) below and require the authority to comply therewith, which subject to paragraph (b) below the authority shall do;

(b) the authority may, if the person requires under paragraph (a) above performance of the obligation mentioned in paragraph (a)(i), or as the case may be (b)(i), of that subsection, instead elect to make payment to the person of such amount as is mentioned in paragraph (a)(ii), or as the case may be (b)(ii), of that subsection provided that such election is timeous.

(a) before the day on which this section comes into force-

(i) to convey the land to the person;

(ii) to make a payment to the person of an amount equal to the open market value of the land as at that day; or

(b) on or after that day-

(i) on payment by the person of any improvement value as at the date of cessation, to convey the land to the person;

(ii) to make a payment to the person of an amount equal to the open market value of the land as at the date of cessation less any improvement value as at that date.

"education authority" has the meaning given by section 135(1) of the Education (Scotland) Act 1980 (c.44) except that if title to the land has been transferred to any person by any enactment it means that person; and

"improvement value" means such part of the value of the land as is attributable to any building (or other structure) on the land other than any such building (or other structure) erected by or at the expense of-

(a) the person who made the gift, sale or exchange of the land under section 2 of the 1841 Act; or

(b) any predecessor, as owner of such land, of that person.

(a) it would be competent but for this section, section 50(1) of the 2000 Act (disentailment on appointed day) and the repeal of the Entail Sites Act 1840 by that Act for a person to apply by petition under section 7 of that Act of 1840 (petition praying to have feu charter or other right or lease declared to be forfeited etc.); but

(b) the person has not, before the day on which this section comes into force, accepted an offer of compensation in respect of the right so to apply,

(a) for any reference to the education authority there shall be substituted a reference to the parties in whose favour the feu charter or lease was granted, or the successors other than by purchase for value of those parties;

(b) in each of subsections (2) and (4), for the word "revert" there shall be substituted "be forfeit" and for the word "reverted" there shall be substituted "have been forfeit"; and

(c) in subsection (6), for paragraph (a) of the definition of "improvement value" there shall be substituted-

(a) after sub-paragraph (aa) of paragraph 1 there shall be inserted-

(b) in paragraph 2-

(i) in sub-paragraph (e), for the words "or (aa)" there shall be substituted ", (aa) or (ab)"; and

(ii) after that sub-paragraph there shall be inserted-

(a) an owner of a burdened property or any other person against whom a title condition (or purported title condition) is enforceable (or bears to be enforceable)-

(i) discharge it, or vary it, in relation to that property; or

(ii) if the title condition is a real burden or a rule of a development management scheme, determine any question as to its validity, applicability or enforceability or as to how it is to be construed;

(b) an owner of a benefited property, renew or vary, in relation to that property, a title condition which is-

(i) a real burden in respect of which intimation of a proposal to execute and register a notice of termination has been given under section 21 of this Act; or

(ii) a real burden or servitude affected by a proposal to register a conveyance, being a proposal of which notice has been given under section 107(4) of this Act; or

(c) an owner of a unit in a community, preserve as mentioned in section 34(3) or 37(1) of this Act, a community burden in respect of which intimation of a proposal to register a deed of variation or discharge has been given under section 34(1) or 36(1) of this Act;

(d) an owner of a unit of the development to which applies a development management scheme in respect of which intimation of a proposal to register a deed of disapplication has been given under subsection (1) of section 74 of this Act, preserve the scheme;

(e) the owners' association of a development to which applies a development management scheme in respect of which intimation of a proposal to register a conveyance, being a proposal of which notice has been given as mentioned in subsection (b)(ii) above, preserve the scheme;

(a) after the renewal date, or as the case may be the date specified by virtue of section 107(6)(d)(ii) of, or the expiry of the period mentioned in section 34(3), 37(1) or 74(3) of, this Act, except with the consent of the terminator or as the case may be of-

(i) the person proposing to register the conveyance or the deed of variation or discharge, or

(ii) the owners' association; or

(b) after there has been, in relation to the proposal, endorsement under section 23(1) or, as the case may be, execution of a relevant certificate applied for by virtue of section 107(1)(b), or endorsement under section 37(2) or 73(3), of this Act.

(a) under subsection (1)(a)(i) above unless the owner of the burdened property consents; or

(b) under subsection (1)(b) above.

(a) where made under paragraph (a)(i) of subsection (1) above, direct the applicant; or

(b) where made by virtue of the refusal of an application under paragraph (b) or (c) of that subsection, direct the terminator or, as the case may be, the person proposing to register the conveyance or deed of variation or discharge,

(a) a sum to compensate for any substantial loss or disadvantage suffered by, as the case may be-

(i) the owner, as owner of the benefited property; or

(ii) the holder of the title condition,

in consequence of the discharge;

(b) a sum to make up for any effect which the title condition produced, at the time when it was created, in reducing the consideration then paid or made payable for the burdened property.

(a) section 90(1)(a) or 91(1) of this Act, give notice of that application to any person who, not being the applicant, appears to them to fall within any of the following descriptions-

(i) an owner of the burdened property;

(ii) an owner of any benefited property;

(iii) a holder of the title condition;

(b) section 90(1)(b) of this Act, give such notice to any person who appears to them to fall within any of the following descriptions-

(i) in the case mentioned in sub-paragraph (i) of that provision, the terminator;

(ii) an owner of the burdened property; or

(iii) in the case mentioned in sub-paragraph (ii) of that provision, the person proposing to register the conveyance;

(c) section 90(1)(c) of this Act, give such notice to the person proposing to register the deed of variation or discharge;

(d) section 90(1)(d) of this Act, give such notice to the owners' association; or

(e) section 90(1)(e) of this Act, give notice to the person proposing to register the conveyance,

(a) given to a person who cannot, by reasonable inquiry, be identified or found;

(b) the person to whom it is given, being a person given notice by virtue of paragraph (a)(ii) of that subsection, does not appear to them to have any interest to enforce the title condition; or

(c) so many people require to be given notice that, in the opinion of the Lands Tribunal, it is not reasonably practicable to send it.

(a) in any notice given by them under section 93 of this Act-

(i) summarise or reproduce the application;

(ii) set a date (being a date no earlier than twenty-one days after the notice is given) by which representations to them as respects the application may be made;

(iii) state the fee which must accompany any such representations; and

(iv) in the case of an application for the discharge, renewal or variation of a real burden, or for the preservation of a real burden or development management scheme, state that if the application is not opposed it may be granted without further inquiry; and

(b) in any notice so given (other than by advertisement) in respect of an application under section 90(1)(a) or 91(1) of this Act, also set out the name and address of every person to whom the notice is being sent.

(a) any person who has title to enforce the title condition;

(b) any person against whom the title condition is enforceable;

(c) in the case mentioned in paragraph (b)(ii) or (e) of section 90(1), the person proposing to register the conveyance; and

(d) in the case mentioned in paragraph (d) of that section, the owners' association and the owner of any unit of the development.

(a) the discharge or variation;

(b) the renewal or variation; or

(c) the preservation,

(a) for the discharge or variation of a facility burden;

(b) for the discharge or variation of a service burden; or

(c) under section 91(1) of this Act for the discharge or variation of a community burden imposed on any unit of a sheltered or retirement housing development.

(a) subsection (1)(a) above if, as at the date on which the application falls to be determined, no representations opposing it have been made under section 96 of this Act either by an owner of any benefited property or by a holder of a personal real burden;

(b) subsection (1)(b) above if, as at that date, no representations opposing the application have been made under that section by the terminator or as the case may be the person proposing to register the conveyance; or

(c) subsection (1)(c) above if, as at that date, no representations opposing the application have been made under that section by the person proposing to register the deed of variation or discharge,

(a) the person who intimated the proposal to execute and register the notice of termination or as the case may be the deed of variation or discharge or the conveyance; or

(b) any other person who succeeded that person as terminator or proposer,

(a) except in the case of an application under subsection (3) of section 34 or, in respect of a deed of variation or discharge granted by the owner of an adjacent unit, subsection (1) of section 37 of this Act, it is reasonable to grant the application; or

(b) in such a case, the variation or discharge in question-

(i) is not in the best interests of the owners of all the units in the community; or

(ii) is unfairly prejudicial to one or more of those owners.

(a) under paragraph (d) of section 90(1) of this Act, that the disapplication of the development management scheme is not in the best interests of the owners of the units of the development or is unfairly prejudicial to one or more of those owners; or

(b) under paragraph (e) of that section, that having regard to the purpose for which the land is being acquired by the person proposing to register the conveyance it is reasonable to grant the application.

(a) any change in circumstances since the title condition was created (including, without prejudice to that generality, any change in the character of the benefited property, of the burdened property or of the neighbourhood of the properties);

(b) the extent to which the condition-

(i) confers benefit on the benefited property; or

(ii) where there is no benefited property, confers benefit on the public;

(c) the extent to which the condition impedes enjoyment of the burdened property;

(d) if the condition is an obligation to do something, how-

(i) practicable; or

(ii) costly,

it is to comply with the condition;

(e) the length of time which has elapsed since the condition was created;

(f) the purpose of the title condition;

(g) whether in relation to the burdened property there is the consent, or deemed consent, of a planning authority, or the consent of some other regulatory authority, for a use which the condition prevents;

(h) whether the owner of the burdened property is willing to pay compensation;

(i) if the application is under section 90(1)(b)(ii) of this Act, the purpose for which the land is being acquired by the person proposing to register the conveyance; and

(j) any other factor which the Lands Tribunal consider to be material.

(a) which disapplies a development management scheme, being an order under subsection (1) of section 90 of this Act, or preserves it under paragraph (d) or (e) of that subsection; and

(b) which has taken effect in accordance with rules so made,

(a) any decree, deed or other document which varies, discharges, renews, reallots, preserves or imposes a real burden or servitude; and

(b) any deed which comprises a conveyance of part of-

(i) the benefited property; or

(ii) the burdened property.

(a) the order; or

(b) the conveyance in implement of such acquisition,

(a) for the variation of any of the real burdens or servitudes;

(b) that there shall be such extinction only-

(i) of certain of the real burdens and servitudes;

(ii) in relation to certain parts of the burdened property; or

(iii) in respect of the enforcement rights of the owners of certain of the benefited properties.

"compulsory purchase order" has the meaning given by section 1(1) of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42) (procedure for compulsory purchase of land by local authorities etc.) except that it includes a compulsory purchase order made under the Forestry Act 1967 (c.10); and

"conveyance" means-

(a) a-

(i) disposition;

(ii) notice of title; or

(iii) notarial instrument,

which includes a reference to the application of subsection (1) above;

(b) a conveyance in the form set out in Schedule A to the Lands Clauses Consolidation (Scotland) Act 1845 (c.19); or

(c) a general vesting declaration (as defined in paragraph 1(1) of Schedule 15 to the Town and Country Planning (Scotland) Act 1997 (c.8)).

(a) land acquired by a person by agreement could have been so acquired by that person compulsorily by virtue of any enactment; and

(b) the person, having complied with subsection (4) below, registers a conveyance in implement of such acquisition together with a relevant certificate,

(a) is constituted in favour of the property of which the applicant is owner; or

(b) is a personal real burden of which the applicant is holder,

(a) if such registration would extinguish a title condition, give notice to the owner of the benefited property (or in the case of a personal real burden to the holder of that burden); and

(b) if it would disapply a development management scheme, give notice to the owners' association,

(a) a description of the land;

(b) the name and address of the person proposing to register the conveyance;

(c) the fact that, by virtue of this section (and subject to the terms of the conveyance), real burdens and servitudes over the land may be extinguished and any development management scheme disapplied;

(d) that the person given notice-

(i) may obtain information from the person acquiring the land about any entitlement to compensation; and

(ii) will require to apply to the Lands Tribunal for Scotland, by a date specified in the notice, if the title condition is to be renewed or varied under paragraph (b) of section 90(1) of this Act or as the case may be the development management scheme preserved under paragraph (e) of that section.

(a) by sending;

(b) by advertisement;

(c) by affixing a conspicuous notice to the burdened property and to-

(i) in a case where there exists one, and only one, lamp post within one hundred metres of that property, that lamp post; or

(ii) in a case where there exists more than one lamp post so situated, each of at least two such lamp posts; or

(d) by such other method as the person acquiring the land thinks fit,

"conveyance" has the same meaning as in section 106(5) of this Act except that the reference, in paragraph (a) of the definition of that expression in that section, to subsection (1) of that section shall be read as a reference to that subsection of this section and paragraph (c) of that definition shall be disregarded; and

"relevant certificate" means a certificate executed, on or after the date specified by virtue of subsection (6)(d)(ii) above, by a member of the Lands Tribunal, or by their clerk, to the effect that no application in relation to the proposal to register the conveyance has been received under section 90(1)(b)(ii) or (e) of this Act or that any such application which has been received-

(a) has been withdrawn; or

(b) relates, in the case of an application under section 90(1)(b)(ii), (either or both)-

(i) to one or more but not to all of the title conditions over the land (any title condition to which it relates being described in the certificate);

(ii) to one or more but not to all (or probably or possibly not to all) of the benefited properties (any benefited property to which it relates being described in the certificate),

(a) in sub-paragraph (2), at the beginning there shall be inserted "Subject to sub-paragraph (2A),";

(b) after sub-paragraph (2) there shall be inserted-

(c) in sub-paragraph (4), the existing words from "the grounds thereof" to the end shall be head (a) and after that head there shall be inserted the following heads-

(a) the notice;

(b) the explanatory note set out in whichever schedule to this Act relates to the notice; and

(c) in the case of a notice of converted servitude, the constitutive deed (if any).

(a) that a copy of the notice has been sent in accordance with subsection (2) above; or

(b) that it was not reasonably practicable for such a notice to be so sent.

(a) a notice submitted before the expiry of the period of ten years which commences immediately after the appointed day is rejected by the Keeper; but

(b) a court or the Lands Tribunal then determines that the notice is registrable,

(i) within two months after the determination is made; but

(ii) before such date after that expiry as the Scottish Ministers may by order prescribe;

and any notice registered under this subsection shall be treated as if it had been registered before that expiry.

(a) it shall not be competent to create a right of common interest; and

(b) no such right shall arise otherwise than by implication of law.

"the 1979 Act" means the Land Registration (Scotland) Act 1979 (c.33);

"the 2000 Act" means the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5);

"affirmative burden" shall be construed in accordance with section 2(2)(a) of this Act;

"ancillary burden" shall be construed in accordance with section 2(4) of this Act;

"appointed day" means the day appointed under section 71 of the 2000 Act;

"benefited property"-

(a) in relation to a real burden, shall be construed in accordance with section 1(2)(b) of this Act; and

(b) in relation to a title condition other than a real burden, means the land, or real right in land, to which the right to enforce the title condition is attached;

"burdened property"-

(a) in relation to a real burden, shall be construed in accordance with section 1(2)(a) of this Act; and

(b) in relation to a title condition other than a real burden, means the land, or real right in land, which is subject to the title condition;

"community" has the meaning given by section 26(2) of this Act;

"community burdens" shall be construed in accordance with section 25 of this Act;

"conservation body" means any body prescribed by order under subsection (4) of section 38 of this Act;

"conservation burden" shall be construed in accordance with subsection (1) of that section and includes (other than in subsections (1) and (2) of that section) a reference to a real burden the right to enforce which was-

(a) preserved by virtue of section 27(1) of the 2000 Act (preservation of right to enforce conservation burden); or

(b) obtained by virtue of section 27A(1) of that Act (nomination of conservation body or Scottish Ministers to have title to enforce conservation burden);

"constitutive deed" is the deed which sets out the terms of a title condition (or of a prospective title condition) but the expression includes any document in which the terms of the title condition in question are varied;

"deed of conditions" means a deed mentioned in section 32 of the Conveyancing (Scotland) Act 1874 (c.94) (importation by reference) and registered before the appointed day having been executed in accordance with that section;

"the development management scheme" has the meaning given by section 71(3) of this Act;

"economic development burden" shall be construed in accordance with subsection (1) of section 45 of this Act and includes (other than in subsections (1) to (3) of that section) a reference to a real burden which was converted under section 18B of the 2000 Act (conversion into economic development burden);

"enactment" includes a local and personal or private Act;

"facility burden" means, subject to subsection (2) below, a real burden which regulates the maintenance, management, reinstatement or use of heritable property which constitutes, and is intended to constitute, a facility of benefit to other land (examples of property which might constitute such a facility being without prejudice to the generality of this definition, set out in subsection (3) below);

"flat" means a dwelling-house, or any business or other premises, in a tenement;

"health care burden" shall be construed in accordance with subsection (1) of section 46 of this Act and includes (other than in subsections (1) to (3) of that section) a reference to a real burden which was converted under section 18C of the 2000 Act (conversion into health care burden);

"holder", in relation to a title condition, means the person who has right to the title condition;

"land" includes-

(a) heritable property, whether corporeal or incorporeal, held as a separate tenement; and

(b) land covered with water,

but does not include any estate of dominium directum;

"Lands Tribunal" means Lands Tribunal for Scotland;

"maintenance" includes (cognate expressions being construed accordingly)-

(a) repair or replacement; and

(b) such demolition, alteration or improvement as is reasonably incidental to maintenance;

"manager", in relation to related properties, means any person (including an owner of one of those properties or a firm) who is authorised (whether by virtue of this Act or otherwise) to act generally, or for such purposes as may be applicable in relation to a particular authorisation, in respect of those properties;

"manager burden" shall be construed in accordance with section 63(1) of this Act;

"maritime burden" shall be construed in accordance with subsection (1) of section 44 of this Act and includes (other than in that subsection) a reference to any real burden in relation to which the Crown has title and interest under section 60(1) of the 2000 Act (preserved right of Crown to maritime burdens);

"midcouple" means such midcouple or link in title as it is competent to specify, under section 5(1) of the Conveyancing (Scotland) Act 1924 (14 & 15 Geo. 5, c.27), in a deduction of title in terms of that Act;

"negative burden" shall be construed in accordance with section 2(2)(b) of this Act;

"notary public" includes, in a case where swearing or affirmation is to take place outwith Scotland, any person duly authorised by the law of the country or territory in question to administer oaths or receive affirmations in that country or territory;

"notice of converted servitude" shall be construed in accordance with section 80(4) and (5) of this Act;

"notice of preservation" shall be construed in accordance with section 50 of this Act;

"notice of termination" shall be construed in accordance with section 20 of this Act;

"owner" shall be construed in accordance with section 123 of this Act;

"personal pre-emption burden" and "personal redemption burden" shall be construed in accordance with section 18A(5) of the 2000 Act;

"personal real burden" shall be construed in accordance with section 1(3) of this Act;

"property" includes unit;

"real burden" has the meaning given by section 1 of this Act except that in construing that section for the purposes of this definition "land" shall be taken to include an estate of dominium directum;

"registering", in relation to any document, means registering an interest in land or information relating to an interest in land (being an interest or information for which that document provides) in the Land Register of Scotland or, as the case may be, recording the document in the Register of Sasines (cognate expressions being construed accordingly);

"renewal date" has the meaning given by section 20(4)(d) of this Act;

"road" has the meaning given by section 151(1) of the Roads (Scotland) Act 1984 (c.54) (interpretation);

"rural housing body" means any body prescribed by order under subsection (5) of section 43 of this Act;

"rural housing burden" shall be construed in accordance with subsection (1) of that section and includes a personal pre-emption burden the holder of which is a rural housing body;

"send" shall be construed in accordance with section 124 of this Act (cognate expressions being construed accordingly);

"service burden" means a real burden which relates to the provision of services to land other than the burdened property;

"sheltered or retirement housing development" has the meaning given by section 54(3) of this Act;

"tenement" means a building which comprises two or more flats, at least two of which-

(a) are, or are designed to be, in separate ownership; and

(b) are divided from each other horizontally;

"terminator" shall be construed in accordance with section 20(2) of this Act;

"title condition" means-

(a) a real burden;

(b) a servitude;

(c) an affirmative obligation imposed, in a servitude, on the person who is in right of the servitude;

(d) a condition in a registrable lease if it is a condition which relates to the land (but not a condition which imposes either an obligation to pay rent or an obligation of relief relating to the payment of rent);

(e) a condition or stipulation-

(i) imposed under subsection (2) of section 3 of the Registration of Leases (Scotland) Act 1857 (c.26) (assignation of recorded leases) in an assignation which has been duly registered; or

(ii) contained in a deed registered under subsection (2A) or (5) of that section;

(f) a condition in an agreement entered into under section 7 of the National Trust for Scotland Order Confirmation Act 1938 (c.iv); or

(g) such other condition relating to land as the Scottish Ministers may, for the purposes of this paragraph, prescribe by order;

"unit" means any land which is designed to be held in separate ownership (whether it is so held or not); and

"variation", in relation to a title condition, includes both-

(a) imposition of a new obligation; and

(b) provision that a property becomes a benefited property,

(cognate expressions being construed accordingly).

(a) by a local or other public authority; or

(b) by virtue of any enactment, by a successor body to any such authority,

(i) a facility burden; nor

(ii) for the purposes of sections 52 to 54(1) of this Act, to be regarded as imposed as mentioned in any of those sections.

(a) a common part of a tenement;

(b) a common area for recreation;

(c) a private road;

(d) private sewerage; and

(e) a boundary wall.

(a) for the purposes of sections 4(2)(b), 6(1)(a), 15, 16, 19, 33(1) and (2) and 35 of this Act, means any person having such right; and

(b) for any other purposes means such person as has most recently acquired such right.

(a) for the purposes of the sections mentioned in paragraph (a) of subsection (1) above includes, in addition to any such person as is there mentioned, that heritable creditor; and

(b) for any other purposes (other than of construing section 1 of this Act) means the heritable creditor.

(a) the words "Subject to subsections (2) and (3) below, in this Act" shall be disregarded; and

(b) paragraph (a) shall be construed as if section 60(1) were one of the sections mentioned.

(a) to a person it shall suffice, for the purposes of that provision, that the thing be sent to an agent of the person;

(b) to an owner of property but only the property is known and not the name of the owner, it shall suffice, for the purposes of that provision, that the thing be sent there addressed to "The Owner" (or using some other such expression, as for example "The Proprietor").

(a) posted;

(b) delivered; or

(c) transmitted by electronic means.

(a) the width of any intervening road if of less than twenty metres; and

(b) any pertinent of either property.

(a) laid before; and

(b) approved by a resolution of,

(a) 2 to 10 and 12 to this Act; and

(b) 1 to 11A to the 2000 Act.

(a) it relates to paragraph 7(1), (3) and (6) of schedule 14, section 128(1);

(b) it relates to the 2000 Act, section 128(2);

(c) it relates to the 2000 Act, schedule 15;

(d) is necessary for the purposes of Part 3 and section 63, Part 1,

(a) if notices were posted, to the persons listed in the previous note, on 25th March 2003 and advertised in the Inverness Courier on 4th April 2003, insert: "(a) Intimation by post on 25th March 2003; (b) Advertisement in the Inverness Courier on 4th April 2003."; or

(b) if on 12th July a notice was posted to the owner of the burdened property and otherwise intimation was given by affixing notices on that date, insert: "(a) Intimation by post on 12th July 2005; (b) Notices affixed to the burdened property and to each of two lamp posts within 100 metres of that property on 12th July 2005.".