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Long Leases (Scotland) Act 1954
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Changes over time for: Section 12
Version Superseded: 28/11/2004
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- 01/02/1991- Amendment
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Point in time - 28/11/2004- Amendment
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12 Rights to minerals.S
Where a feu right is to be granted under this Part of this Act of any subjects let under a lease, then unless the parties otherwise agree—
(a)if the minerals in the subjects are included in the lease, the said minerals shall be included in the feu right;
(b)if the said minerals are in terms of the lease expressly reserved to the landlord, they shall be reserved to the superior with such right to work the same, and subject to payment to the vassal of such compensation for surface damage, as is provided in the lease;
(c)if the said minerals are not in terms of the lease expressly reserved to the landlord, they shall be reserved to the superior with right to work the same (but without entering on the surface of the ground) subject to payment to the vassal of such compensation for surface damage as in default of agreement may be determined by arbitration;
and the feu contract disponing the subjects shall contain an appropriate clause relating to minerals:
Provided that this section shall not have effect in relation to coal or other minerals vested in the National Coal Board by virtue of the provisions of the M1Coal Industry Nationalisation Act, 1946.
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