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Roads (Scotland) Act 1984
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- 01/02/1991- Amendment
- 01/07/1992- Amendment
- 27/05/1997- Amendment
- 28/11/2004- Amendment
- 01/10/2008
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Roads (Scotland) Act 1984, Section 53 is up to date with all changes known to be in force on or before 30 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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53 Agreements as to use of land near roads.S
(1)For the purpose of mitigating any adverse effect which the construction, improvement, existence or use of a road (or proposed road) has or will have on its surroundings, a roads authority may enter into an agreement with any person having an interest in land adjoining or in the vicinity of the road (or proposed road) for restricting or regulating the use of the land either permanently or during such period as may be specified in the agreement; and any such agreement may, in particular, make provision for the planting and maintenance of trees, shrubs or plants of any other description on the land and for restricting the lopping or removal of trees, shrubs or other plants on the land.
(2)An agreement under this section may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the roads authority to be necessary or expedient.
(3)Subject to subsection (4) below, the provisions of an agreement made under this section with a person interested in land shall be binding on persons deriving title from that person in respect of the land.
(4)No provision shall be enforceable by virtue of subsection (3) above against a third party who shall have in good faith and for value acquired right (whether [F1title has been completed] or not) to land prior to the agreement being registered in the Land Register of Scotland or, as the case may be, recorded in the Register of Sasines, or against any person deriving title from such third party.
(5)This section is without prejudice to [F2section 75 of the Town and Country Planning (Scotland) Act 1997] (agreements regulating development or use of land).
Textual Amendments
F1Words in s. 53(4) substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 45 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F2Words in s. 53(5) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 38(4)
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