Conveyancing and Feudal Reform (Scotland) Act 1970

2 Provisions supplementary to section 1

(1) On an application under section 1 of this Act, the Lands Tribunal shall give such notice thereof, whether by way of advertisement or otherwise, as may be prescribed, to the persons who, in relation to the obligation which is the subject of the application, appear to them to be either benefited or burdened proprietors, and to such other person as the Tribunal may think fit.

(2) In an application to the Lands Tribunal under section 1 of this Act, any person who, in relation to the obligation which is the subject of the application, is either a burdened or a benefited proprietor, shall be entitled, within such time as may be prescribed, to oppose or make representations in relation to the application, and the Tribunal shall allow any such person, and may allow any other person who appears to them to be affected by the obligation or by its proposed variation or discharge, to be heard in relation to the application.

(3) An order made under section 1 of this Act shall take effect in accordance with such rules as may be prescribed.

(4) Where an order made under section 1 of this Act which has taken effect is duly recorded, it shall be binding on all persons having interest.

(5) Where a land obligation is first created, whether before or after the commencement of this Act, in a conveyance, deed, instrument or writing, no application shall be brought under section 1 of this Act in relation thereto until the expiry of two years after the date of its creation.

(6) For the purposes of this section and of section 1 of this Act,

• " benefited proprietor ", in relation to a land obligation, means a proprietor of an interest in land who is entitled, by virtue of his being such proprietor, to enforce the obligation ; and " burdened proprietor ", in relation to such an obligation, means a proprietor of an interest in land upon whom, by virtue of his being such proprietor, the obligation is binding; and—

  (i)

  the benefited proprietor or the burdened proprietor of an interest in land held by two or more persons jointly or in common means either all those persons or any of them ;

  (ii)

  the benefited proprietor or the burdened proprietor of an interest in land which is subject to a heritable security constituted by ex facie absolute disposition or assignation includes the person who, if the debt were discharged, would be entitled to be vested in that interest;

• " interest in land " means any estate or interest in land which is capable of being owned or held as a separate interest and to which a title may be recorded in the Register of Sasines;

• " land obligation " has the meaning assigned to it in section 1(2) of this Act.

(7) Section 189 of the [1966 c. 49.] Housing (Scotland) Act 1966 (power of sheriff to authorise conversion of house into separate dwellings) shall cease to have effect.