- Latest available (Revised)
- Point in Time (21/02/2014)
- Original (As enacted)
Point in time view as at 21/02/2014.
There are currently no known outstanding effects for the Title Conditions (Scotland) Act 2003, Section 21.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)A proposal to execute and register a notice of termination shall be intimated—
(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.
(2)Subject to subsection (3) below, such intimation may be given—
(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.
(3)Such intimation shall, except where it is impossible to do so, be given by the means described in subsection (2)(a) above if it is given—
(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.
(4)An advertisement giving intimation under subsection (2)(c) above shall—
(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.
(5)The terminator shall provide a person with a copy of the proposed notice of termination (completed as is mentioned in subsection (2)(a) above and with the explanatory note referred to in that subsection) if so requested by that person.
(6)A person—
(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.
(7)Section 184 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (planning permission not needed for advertisements complying with regulations) applies in relation to a notice affixed in compliance with subsection (2)(b) above as that section applies in relation to an advertisement displayed in accordance with regulations made under section 182 of that Act (regulations controlling display of advertisements).
Modifications etc. (not altering text)
C1S. 21(6)(7) applied by 1947 c. 42, Sch. 1 para. 3B (as inserted (1.11.2003) by 2003 asp 9, s. 109(3) (as amended by S.S.I. 2003/503, art. 2, Sch. 1 para. 13(a)(b)); S.S.I. 2003/454, art. 2(1))
S. 21(6)(7) applied by 1967 c. 10, Sch. 5 para. 2(1C) (as inserted (1.11.2003) by 2003 asp 9, s. 110(2) (as amended by S.S.I. 2003/503, art. 2, Sch. 1 para. 14); S.S.I. 2003/454, art. 2(1))
Commencement Information
I1S. 21 wholly in force; s. 21 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 21 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: