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Title Conditions (Scotland) Act 2003

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81Certain real burdens to become positive servitudesS

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(1)A real burden consisting of a right to enter, or otherwise make use of, the burdened property shall, on the appointed day, cease to exist as such but shall forthwith become a positive servitude.

(2)Subsection (1) above—

(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.

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