Title Conditions (Scotland) Act 2003

Part 1Real burdens: general

Meaning and creation

1The expression “real burden”

2Affirmative, negative and ancillary burdens

3Other characteristics

5Further provision as respects constitutive deed

6Further provision as respects creation

Duration, enforceability and liability

8Right to enforce

9Persons against whom burdens are enforceable

10Affirmative burdens: continuing liability of former owner

10ANotice of potential liability for costs: further provision

11Affirmative burdens: shared liability

Division of benefited or burdened property

12Division of a benefited property

13Division of a burdened property

17Further provision as regards extinction where no interest to enforce

18Negative prescription

19Confusio not to extinguish real burden

20Notice of termination

22Oath or affirmation before notary public

23Prerequisite certificate for registration of notice of termination

24Effect of registration of notice of termination

Part 2Community burdens

Meaning, creation etc.

25The expression “community burdens”

26Creation of community burdens: supplementary provision

27Effect on units of statement that burdens are community burdens

Management of community

28Power of majority to appoint manager etc.

29Power of majority to instruct common maintenance

30Owners' decision binding

31Remuneration of manager

31ADisapplication of provisions of sections 28, 29 and 31 in certain cases

Variation, discharge etc.

32The expressions “affected unit” and “adjacent unit”

33Majority etc. variation and discharge of community burdens

34Variation or discharge under section 33: intimation

35Variation and discharge of community burdens by owners of adjacent units

36Variation and discharge under section 35: intimation

37Preservation of community burden in respect of which deed of variation or discharge has been granted as mentioned in section 35(1)

Part 3Conservation and other personal real burdens

Conservation burdens

38Conservation burdens

40Enforcement where no completed title

41Completion of title

42Extinction of burden on body ceasing to be conservation body

Rural housing burdens

43Rural housing burdens

Maritime burdens

44Maritime burdens

Economic development burdens

45Economic development burdens

Health care burdens

46Health care burdens

Climate change burdens

46AClimate change burdens

47Interest to enforce

Part 4Transitional: implied rights of enforcement

Extinction of implied rights of enforcement

51Duties of Keeper: amendments relating to unenforceable real burdens

New implied rights of enforcement

52Common schemes: general

53Common schemes: related properties

54Sheltered housing

55Grant of deed of variation or discharge of community burdens relating to sheltered or retirement housing: community consultation notice

56Facility burdens and service burdens

57Further provisions as respects rights of enforcement

58Duty of Keeper to enter on title sheet statement concerning enforcement rights

Part 5Real burdens: miscellaneous

59Effect of extinction etc. on court proceedings

60Grant of deed where title not completed: requirements

61Contractual liability incidental to creation of real burden

62Real burdens of combined type

63Manager burdens

64Overriding power to dismiss and appoint manager

65Manager: transitory provisions

66The expression “related properties”

67Discharge of rights of irritancy

68Requirement for repetition etc. of terms of real burden in future deed

69Further provision as respects deeds of variation and of discharge

70Duty to disclose identity of owner

Part 6Development management scheme

71Development management scheme

72Application of other provisions of this Act to rules of scheme

73Disapplication

74Intimation of proposal to register deed of disapplication

Part 7Servitudes

Positive servitudes

75Creation of positive servitude by writing: deed to be registered

76Disapplication of requirement that positive servitude created in writing be of a known type

77Positive servitude of leading pipes etc. over or under land

78Discharge of positive servitude

Negative servitudes

79Prohibition on creation of negative servitude

80Negative servitudes to become real burdens

81Certain real burdens to become positive servitudes

Part 8Pre-emption and reversion

82Application and interpretation of sections 83 and 84

83Extinction following pre-sale undertaking

84Extinction following offer to sell

85Ending of council’s right of pre-emption as respects certain churches

86Reversions under School Sites Act 1841

87Right to petition under section 7 of Entail Sites Act 1840

88Prescriptive period for obligations arising by virtue of 1841 Act or 1840 Act

89Repeal of Reversion Act 1469

Part 9Title conditions: powers of Lands Tribunal

90Powers of Lands Tribunal as respects title conditions

91Special provision as to variation or discharge of community burdens

92Early application for discharge: restrictive provisions

93Notification of application

94Content of notice

95Persons entitled to make representations

96Representations

97Granting unopposed application for discharge or renewal of real burden

98Granting other applications for variation, discharge, renewal or preservation of title condition

99Granting applications as respects development management schemes

100Factors to which the Lands Tribunal are to have regard in determining applications etc.

101Regulation of applications to Lands Tribunal

102Referral to Lands Tribunal of notice dispute

104Taking effect of orders of Lands Tribunal etc.

Part 10Miscellaneous

Consequential alterations to Land Register

105Alterations to Land Register consequential upon registering certain deeds

Compulsory acquisition of land

106Extinction of real burdens and servitudes etc. on compulsory acquisition of land

107Extinction of real burdens and servitudes etc. where land acquired by agreement

108Amendment of Church of Scotland (Property and Endowments) (Amendment) Act 1933

109Amendment of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

110Amendment of Forestry Act 1967

111Amendment of Conveyancing and Feudal Reform (Scotland) Act 1970

112Amendment of Land Registration (Scotland) Act 1979

113Amendment of Enterprise and New Towns (Scotland) Act 1990

114Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 2000

Miscellaneous

115Further provision as respects notices of preservation or of converted servitude

116Benefited property outwith Scotland

117Pecuniary real burdens

118Common interest

Part 11Savings, transitional and general

Savings and transitional provisions etc.

119Savings and transitional provisions etc.

120Requirement for dual registration

121Crown application

122Interpretation

123The expression “owner”

125References to distance

126Fees chargeable by Lands Tribunal in relation to functions under this Act

127Orders, regulations and rules

128Minor and consequential amendments, repeals and power to amend forms

129Short title and commencement

SCHEDULE 1Form importing terms of title conditions

There are imported the terms of the title conditions specified...

SCHEDULE 1AForm of notice of potential liability for costs

“Notice of potential liability for costs

Property to which the notice relates:

(see note 1 below)

Description of the maintenance or work to which notice relates:...

(see note 2 below)

Person giving notice:

(see note 3 below)

(see note 4 below)

Date of signing:”

Notes for completion (These notes are not part of the...

1Describe the property in a way that is sufficient to...

2Describe the maintenance or work in general terms.

3Give the name and address of the person applying for...

4The notice must be signed by or on behalf of...

SCHEDULE 2Form of notice of termination

SCHEDULE 3Form of affixed notice relating to termination

SCHEDULE 4Form of notice of proposal to register deed of variation or discharge

SCHEDULE 5Further form of notice of proposal to register deed of variation or discharge of community burden: sent version

SCHEDULE 6Further form of notice of proposal to register deed of variation or discharge of community burden: affixed version

SCHEDULE 7Form of notice of preservation

SCHEDULE 8Community consultation notice

SCHEDULE 9Form of notice of converted servitude

SCHEDULE 10Form of undertaking

SCHEDULE 11Title conditions not subject to discharge by Lands Tribunal

1An obligation, however constituted, relating to the right to work...

2In so far as enforceable by or on behalf of—...

3An obligation created or imposed in or in relation to...

SCHEDULE 12Form of application for relevant certificate

SCHEDULE 13Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 2000

1The 2000 Act shall be amended in accordance with the...

2In section 17 (extinction of superior’s rights)—

3In section 18 (reallotment of real burden by nomination of...

4In section 20 (reallotment of real burden by order of...

5In section 25 (counter-obligations on reallotment)— (a) for the words...

6In section 27 (notice preserving right to enforce conservation burden)—...

7In section 42 (further provision as respects certain sections of...

8In section 43 (notices and agreements under certain sections: extent...

9In section 46(2) (discretion of Keeper in relation to entries...

10In section 49 (interpretation of Part 4)—

11In section 54 (extinction of superior’s rights and obligations qua...

12In section 56 (extinction etc. of certain payments analogous to...

13In section 73 (feudal terms in enactments and documents: construction...

14In section 75 (saving for contractual rights) the existing words...

15In section 77 (short title and commencement)—

16After schedule 5 there shall be inserted— SCHEDULE 5A Form...

17In schedule 8 (form of notice preserving conservation body’s or...

18After schedule 8 there shall be inserted— SCHEDULE 8A Form...

19After schedule 11 there shall be inserted— SCHEDULE 11A Form...

20In schedule 12 (minor and consequential amendments), in paragraph 9(17),...

SCHEDULE 14Minor and consequential amendments

1(1) Section 3 of the Registration of Leases (Scotland) Act...

2In section 138 of the Titles to Land Consolidation (Scotland)...

3(1) The Conveyancing (Scotland) Act 1924 shall be amended in...

4(1) The Conveyancing and Feudal Reform (Scotland) Act 1970 shall...

5(1) The Prescription and Limitation (Scotland) Act 1973 shall be...

6In section 2 of the Land Tenure Reform (Scotland) Act...

7(1) The 1979 Act shall be amended in accordance with...

8In section 17 of the Ancient Monuments and Archaeological Areas...

9In section 23 of the Health and Social Services and...

10In Schedule 3 to the Further and Higher Education (Scotland)...

11In section 16(6) of the Crofters (Scotland) Act 1993 (provisions...

12In section 58(1) of the Standards in Scotland’s Schools etc....

13In each of sections 1(1) (application to suspend enforcement of...

SCHEDULE 15Repeals

Royal arms

Title Conditions (Scotland) Act 2003

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.