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Town and Country Planning (Scotland) Act 1997

Status:

This is the original version (as it was originally enacted).

Miscellaneous

35Where, after land has become vested in an acquiring authority under paragraphs 6 to 8, a person retains possession of any document relating to the title to the land, he shall be deemed to have given to the acquiring authority an acknowledgement in writing of the right of the acquiring authority to production of that document and to delivery of copies of it and (except where he retains possession of the document as heritable creditor or as trustee or otherwise in a fiduciary capacity) an undertaking for safe custody of it.

36(1)The time within which a question of disputed compensation, arising out of an acquisition of an interest in land in respect of which a notice to treat is deemed to have been served by virtue of paragraphs 6 to 8, may be referred to the Lands Tribunal shall be 6 years from the date at which the person claiming compensation, or a person from whom he derives title, first knew, or could reasonably be expected to have known, of the vesting of the interest by virtue of those paragraphs.

(2)In reckoning the period of 6 years referred to in sub-paragraph (1), no account shall be taken of any period during which the person claiming compensation or the person from whom he derives title was under legal disability by reason of nonage or otherwise.

37At the end of the period specified in a general vesting declaration or, if a notice of objection to severance is served under this Schedule, when that notice has been disposed of in accordance with the provisions of this Schedule, that declaration, if still being proceeded with or, as the case may be, that declaration as altered under paragraph 28, shall be recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland, and on being so recorded or registered shall have the same effect as a conveyance registered in accordance with section 80 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845.

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