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Title Conditions (Scotland) Act 2003

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6Further provision as respects creationS

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(1)A real burden is created by registering against the land which is to be the burdened property a deed which—

(a)is granted by or on behalf of the owner of that land; and

(b)imports the terms of the prospective burden.

(2)“Imports” in subsection (1)(b) above means imports into itself from a deed of conditions; and importation in, or as near as may be in, the form set out in schedule 1 to this Act shall suffice in that regard.

(3)A right of ownership held pro indiviso shall not in itself constitute a property against which a deed such as is mentioned in subsection (1) above can be duly registered.

(4)This section is without prejudice to section 4 of this Act.

Commencement Information

I1S. 6 wholly in force; s. 6 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 6 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2

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