Title Conditions (Scotland) Act 2003

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

The factors mentioned in section 98 of this Act are—

(a) any change in circumstances since the title condition was created (including, without prejudice to that generality, any change in the character of the benefited property, of the burdened property or of the neighbourhood of the properties);

(b) the extent to which the condition—

(i) confers benefit on the benefited property; or

(ii) where there is no benefited property, confers benefit on the public;

(c) the extent to which the condition impedes enjoyment of the burdened property;

(d) if the condition is an obligation to do something, how—

(i) practicable; or

(ii) costly,

it is to comply with the condition;

(e) the length of time which has elapsed since the condition was created;

(f) the purpose of the title condition;

(g) whether in relation to the burdened property there is the consent, or deemed consent, of a planning authority, or the consent of some other regulatory authority, for a use which the condition prevents;

(h) whether the owner of the burdened property is willing to pay compensation;

(i) if the application is under section 90(1)(b)(ii) of this Act, the purpose for which the land is being acquired by the person proposing to register the conveyance; and

(j) any other factor which the Lands Tribunal consider to be material.

Modifications etc. (not altering text)

C1 Ss. 68, 69, 98, 100 and 104 excluded (1.6.2009) by The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 (S.I. 2009/729), art. 5(2)

Commencement Information

I1 S. 100 wholly in force; s. 100 in force for certain purposes at 4.4.2003, see s. 129(2)(3); s. 100 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2