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Title Conditions (Scotland) Act 2003

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13SIn section 73 (feudal terms in enactments and documents: construction after abolition of feudal system)—

(a)in subsection (1)—

(i)in each of paragraphs (a), (b) and (c), at the end, there shall be added “ before that day ”;

(ii)the word “or” which immediately follows paragraph (b) is repealed; and

(iii)for the words “before the appointed day, then” there shall be substituted ; or

(d)in the Land Register of Scotland or in—

(i)a land certificate;

(ii)a charge certificate; or

(iii)an office copy,

issued, whether or not before that day, under the Land Registration (Scotland) Act 1979 (c. 33),

then ;

(b)in subsection (2)—

(i)the existing words “in any document executed before that day”shall become paragraph (a);

(ii)after that paragraph there shall be inserted the word “ or ” and the following paragraph—

(b)in the Land Register of Scotland or in any certificate or copy such as is mentioned in subsection (1)(d) above (whenever issued),; and

(iii)for the words “19, 20, 23, 28 or, as the case may be, 60 of this Act” there shall be substituted “ 18A, 18B, 18C, 19, 20, 28, 28A or 60 of this Act or section 56 of the Title Conditions (Scotland) Act 2003 (asp 9) (facility burdens and service burdens) ”; and

(c)after subsection (2) there shall be added—

(2A)In construing, after the appointed day and in relation to a right enforceable on or after that day, a document, or entry in the Land Register, which—

(a)sets out the terms of a real burden; and

(b)is not a document or entry references in which require to be construed as mentioned in subsection (2) above,

any provision of the document or entry to the effect that a person other than the person entitled to enforce the burden may waive compliance with, or mitigate or otherwise vary a condition of, the burden shall be disregarded..

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