| Guvnor

Enforced by: HES
Status: Amended (in force with amendments)

What it defines

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Real burdens: general

0 of 25 sections shown

25 other sections in this Part — procedural and definitional

s.001 The expression “

s.002 Affirmative, negative and ancillary burdens

s.003 Other characteristics

s.004 Creation

s.005 Further provision as respects constitutive deed

s.006 Further provision as respects creation

s.007 Duration

s.008 Right to enforce

s.009 Persons against whom burdens are enforceable

s.010 Affirmative burdens: continuing liability of former owner

s.010 Notice of potential liability for costs: further provision

s.011 Affirmative burdens: shared liability

s.012 Division of a benefited property

s.013 Division of a burdened property

s.014 Construction

s.015 Discharge

s.016 Acquiescence

s.017 Further provision as regards extinction where no interest to enforce

s.018 Negative prescription

s.019 Confusio not to extinguish real burden

s.020 Notice of termination

s.021 Intimation

s.022 Oath or affirmation before notary public

s.023 Prerequisite certificate for registration of notice of termination

s.024 Effect of registration of notice of termination

Part 2

Community burdens

0 of 14 sections shown

14 other sections in this Part — procedural and definitional

s.025 The expression “community burdens”

s.026 Creation of community burdens: supplementary provision

s.027 Effect on units of statement that burdens are community burdens

s.028 Power of majority to appoint manager etc.

s.029 Power of majority to instruct common maintenance

s.030 Owners' decision binding

s.031 Remuneration of manager

s.031 Disapplication of provisions of sections 28, 29 and 31 in certain cases

s.032 The expressions “affected unit” and “adjacent unit”

s.033 Majority etc. variation and discharge of community burdens

s.034 Variation or discharge under section 33: intimation

s.035 Variation and discharge of community burdens by owners of adjacent units

s.036 Variation and discharge under section 35: intimation

s.037 Preservation of community burden in respect of which deed of variation or discharge has been granted as mentioned in section 35(1)

Part 3

Conservation and other personal real burdens

0 of 12 sections shown

12 other sections in this Part — procedural and definitional

s.038 Conservation burdens

s.039 Assignation

s.040 Enforcement where no completed title

s.041 Completion of title

s.042 Extinction of burden on body ceasing to be conservation body

s.043 Rural housing burdens

s.044 Maritime burdens

s.045 Economic development burdens

s.046 Health care burdens

s.046 Climate change burdens

s.047 Interest to enforce

s.048 Discharge

Part 4

Transitional: implied rights of enforcement

0 of 10 sections shown

10 other sections in this Part — procedural and definitional

s.049 Extinction

s.050 Preservation

s.051 Duties of Keeper: amendments relating to unenforceable real burdens

s.052 Common schemes: general

s.053 Common schemes: related properties

s.054 Sheltered housing

s.055 Grant of deed of variation or discharge of community burdens relating to sheltered or retirement housing: community consultation notice

s.056 Facility burdens and service burdens

s.057 Further provisions as respects rights of enforcement

s.058 Duty of Keeper to enter on title sheet statement concerning enforcement rights

Part 5

Real burdens: miscellaneous

0 of 12 sections shown

12 other sections in this Part — procedural and definitional

s.059 Effect of extinction etc. on court proceedings

s.060 Grant of deed where title not completed: requirements

s.061 Contractual liability incidental to creation of real burden

s.062 Real burdens of combined type

s.063 Manager burdens

s.064 Overriding power to dismiss and appoint manager

s.065 Manager: transitory provisions

s.066 The expression “related properties”

s.067 Discharge of rights of irritancy

s.068 Requirement for repetition etc. of terms of real burden in future deed

s.069 Further provision as respects deeds of variation and of discharge

s.070 Duty to disclose identity of owner

Part 6

Development management scheme

0 of 4 sections shown

4 other sections in this Part — procedural and definitional

s.071 Development management scheme

s.072 Application of other provisions of this Act to rules of scheme

s.073 Disapplication

s.074 Intimation of proposal to register deed of disapplication

Part 7

Servitudes

0 of 7 sections shown

7 other sections in this Part — procedural and definitional

s.075 Creation of positive servitude by writing: deed to be registered

s.076 Disapplication of requirement that positive servitude created in writing be of a known type

s.077 Positive servitude of leading pipes etc. over or under land

s.078 Discharge of positive servitude

s.079 Prohibition on creation of negative servitude

s.080 Negative servitudes to become real burdens

s.081 Certain real burdens to become positive servitudes

Part 8

Pre-emption and reversion

0 of 8 sections shown

8 other sections in this Part — procedural and definitional

s.082 Application and interpretation of sections 83 and 84

s.083 Extinction following pre-sale undertaking

s.084 Extinction following offer to sell

s.085 Ending of council’s right of pre-emption as respects certain churches

s.086 Reversions under School Sites Act 1841

s.087 Right to petition under section 7 of Entail Sites Act 1840

s.088 Prescriptive period for obligations arising by virtue of 1841 Act or 1840 Act

s.089 Repeal of Reversion Act 1469

Part 9

Title conditions: powers of Lands Tribunal

3 of 15 sections shown

s.100 Factors to which the Lands Tribunal are to have regard in determining applications etc.

amended 1 time (opens in a new tab)

s.103 Expenses

amended 1 time (opens in a new tab)

s.104 Taking effect of orders of Lands Tribunal etc.

amended 5 times (opens in a new tab)

12 other sections in this Part — procedural and definitional

s.090 Powers of Lands Tribunal as respects title conditions

s.091 Special provision as to variation or discharge of community burdens

s.092 Early application for discharge: restrictive provisions

s.093 Notification of application

s.094 Content of notice

s.095 Persons entitled to make representations

s.096 Representations

s.097 Granting unopposed application for discharge or renewal of real burden

s.098 Granting other applications for variation, discharge, renewal or preservation of title condition

s.099 Granting applications as respects development management schemes

s.101 Regulation of applications to Lands Tribunal

s.102 Referral to Lands Tribunal of notice dispute

Part 10

Miscellaneous

6 of 14 sections shown

s.105 Alterations to Land Register consequential upon registering certain deeds

amended 3 times (opens in a new tab)

s.106 Extinction of real burdens and servitudes etc. on compulsory acquisition of land

amended 7 times (opens in a new tab)

s.107 Extinction of real burdens and servitudes etc. where land acquired by agreement

amended 1 time (opens in a new tab)

s.108 Amendment of Church of Scotland (Property and Endowments) (Amendment) Act 1933

amended 1 time (opens in a new tab)

s.109 Amendment of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

amended 7 times (opens in a new tab)

s.110 Amendment of Forestry Act 1967

amended 2 times (opens in a new tab)

8 other sections in this Part — procedural and definitional

s.111 Amendment of Conveyancing and Feudal Reform (Scotland) Act 1970

s.112 Amendment of Land Registration (Scotland) Act 1979

s.113 Amendment of Enterprise and New Towns (Scotland) Act 1990

s.114 Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 2000

s.115 Further provision as respects notices of preservation or of converted servitude

s.116 Benefited property outwith Scotland

s.117 Pecuniary real burdens

s.118 Common interest

Part 11

Savings, transitional and general

5 of 11 sections shown

s.119 Savings and transitional provisions etc.

amended 2 times (opens in a new tab)

s.122 Interpretation

amended 11 times (opens in a new tab)

s.124 Sending

amended 1 time (opens in a new tab)

s.126 Fees chargeable by Lands Tribunal in relation to functions under this Act

amended 2 times (opens in a new tab)

s.128 Minor and consequential amendments, repeals and power to amend forms

amended 1 time (opens in a new tab)

6 other sections in this Part — procedural and definitional

s.120 Requirement for dual registration

s.121 Crown application

s.123 The expression “owner”

s.125 References to distance

s.127 Orders, regulations and rules

s.129 Short title and commencement

Schedules

0 of 62 shown

62 other schedules

s.sch001 There are imported the terms of the title conditions specified...

s.sch001a Describe the property in a way that is sufficient to...

s.sch001a Describe the maintenance or work in general terms.

s.sch001a Give the name and address of the person applying for...

s.sch001a The notice must be signed by or on behalf of...

s.sch001a Notes for completion (These notes are not part of the...

s.sch001a (see note 4 below)

s.sch001a Date of signing:”

s.sch001a Schedule 1A para.wrapper2n2

s.sch001a Property to which the notice relates:

s.sch001a (see note 1 below)

s.sch001a Description of the maintenance or work to which notice relates:...

s.sch001a (see note 2 below)

s.sch001a Person giving notice:

s.sch001a (see note 3 below)

s.sch001a Signature:

s.sch011 An obligation, however constituted, relating to the right to work...

s.sch011 In so far as enforceable by or on behalf of—...

s.sch011 An obligation created or imposed in or in relation to...

s.sch013 The 2000 Act shall be amended in accordance with the...

s.sch013 In section 49 (interpretation of Part 4)—

s.sch013 In section 54 (extinction of superior’s rights and obligations qua...

s.sch013 In section 56 (extinction etc. of certain payments analogous to...

s.sch013 In section 73 (feudal terms in enactments and documents: construction...

s.sch013 In section 75 (saving for contractual rights) the existing words...

s.sch013 In section 77 (short title and commencement)—

s.sch013 After schedule 5 there shall be inserted— SCHEDULE 5A Form...

s.sch013 In schedule 8 (form of notice preserving conservation body’s or...

s.sch013 After schedule 8 there shall be inserted— SCHEDULE 8A Form...

s.sch013 After schedule 11 there shall be inserted— SCHEDULE 11A Form...

s.sch013 In section 17 (extinction of superior’s rights)—

s.sch013 In schedule 12 (minor and consequential amendments), in paragraph 9(17),...

s.sch013 In section 18 (reallotment of real burden by nomination of...

s.sch013 In section 20 (reallotment of real burden by order of...

s.sch013 In section 25 (counter-obligations on reallotment)— (a) for the words...

s.sch013 In section 27 (notice preserving right to enforce conservation burden)—...

s.sch013 In section 42 (further provision as respects certain sections of...

s.sch013 In section 43 (notices and agreements under certain sections: extent...

s.sch013 In section 46(2) (discretion of Keeper in relation to entries...

s.sch014 (1) Section 3 of the Registration of Leases (Scotland) Act...

s.sch014 In Schedule 3 to the Further and Higher Education (Scotland)...

s.sch014 In section 16(6) of the Crofters (Scotland) Act 1993 (provisions...

s.sch014 In section 58(1) of the Standards in Scotland’s Schools etc....

s.sch014 In each of sections 1(1) (application to suspend enforcement of...

s.sch014 In section 138 of the Titles to Land Consolidation (Scotland)...

s.sch014 (1) The Conveyancing (Scotland) Act 1924 shall be amended in...

s.sch014 (1) The Conveyancing and Feudal Reform (Scotland) Act 1970 shall...

s.sch014 (1) The Prescription and Limitation (Scotland) Act 1973 shall be...

s.sch014 In section 2 of the Land Tenure Reform (Scotland) Act...

s.sch014 (1) The 1979 Act shall be amended in accordance with...

s.sch014 In section 17 of the Ancient Monuments and Archaeological Areas...

s.sch014 In section 23 of the Health and Social Services and...

s.schedule/10/paragraph/ schedule/10/paragraph/

s.schedule/12/paragraph/ schedule/12/paragraph/

s.schedule/2/paragraph/ schedule/2/paragraph/

s.schedule/3/paragraph/ schedule/3/paragraph/

s.schedule/4/paragraph/ schedule/4/paragraph/

s.schedule/5/paragraph/ schedule/5/paragraph/

s.schedule/6/paragraph/ schedule/6/paragraph/

s.schedule/7/paragraph/ schedule/7/paragraph/

s.schedule/8/paragraph/ schedule/8/paragraph/

s.schedule/9/paragraph/ schedule/9/paragraph/

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Title Conditions (Scotland) Act 2003

What it defines

Real burdens: general

Community burdens

Conservation and other personal real burdens

Transitional: implied rights of enforcement

Real burdens: miscellaneous

Development management scheme

Servitudes

Pre-emption and reversion

Title conditions: powers of Lands Tribunal

Miscellaneous

Savings, transitional and general

Schedules