PART 2Key concepts

CHAPTER 1Land transactions and chargeable interests

Chargeable interest

5Exempt interest

1

An interest is exempt if it is a security interest.

2

In subsection (1) a “security interest” means a real right or other interest in or over land held for the purpose of securing the payment of money or the performance of any other obligation.

3

See also paragraphs 21 to 24 of schedule 7 (which make additional provision about exempt interests in relation to alternative property finance arrangements).

4

The Scottish Ministers may, by regulations, modify this section so as to—

a

provide that a description of a real right or other interest in or over land is an exempt interest,

b

provide that a description of a real right or other interest in or over land is no longer to be an exempt interest,

c

vary a description of an exempt interest.