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Title Conditions (Scotland) Act 2003

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5(1)The Prescription and Limitation (Scotland) Act 1973 shall be amended in accordance with this paragraph.S

(2)In section 1 (prescriptive period in relation to real rights in land), in subsection (3), after the word “to”, where it fourthly occurs, there shall be inserted “real burdens,”.

(3)In Schedule 1 (obligations affected by prescriptive periods of five years under section 6 of the Act)—

(a)in paragraph 1(a)(vii), for the words “land obligation” there shall be substituted “title condition”; and

(b)for paragraph 4 there shall be substituted—

4In this Schedule, “title condition” shall be construed in accordance with section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9)..

(4)In Schedule 3 (rights and obligations which are imprescriptible for certain purposes of the Act), in sub-paragraph (h), for the word “interest” there shall be substituted “real right”.

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