Title Conditions (Scotland) Act 2003
Devolved Scottish legislation From Wikipedia, the free encyclopedia
Devolved Scottish legislation From Wikipedia, the free encyclopedia
The Title Conditions (Scotland) Act 2003 is an Act of the Scottish Parliament. It came into force on 28 November 2004, and is one element of a three part land reform abolishing feudal tenure and modernising Scottish property law, the other two elements being the Abolition of Feudal Tenure etc. (Scotland) Act 2000 and Tenements (Scotland) Act 2004 which came into effect on the same date.[1]
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| Long title | An Act of the Scottish Parliament to make further provision as respects real burdens, servitudes and certain other obligations affecting land; to amend the law relating to the ranking of standard securities; and for connected purposes. |
|---|---|
| Citation | 2003 asp 9 |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 3 April 2003 |
| Commencement | 28 November 2004 |
| Other legislation | |
| Relates to | Abolition of Feudal Tenure etc. (Scotland) Act 2000 Tenements (Scotland) Act 2004 |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The legislation primarily relates to real burdens, a key aspect of property law in Scotland, and defines them in section 1 of the Act as "an encumbrance on land constituted in favour of the owner of other land in that person’s capacity as owner of that other land".[2] Section 2 of the Act specifies that a real burden must involve an obligation either to do something, or to refrain from doing something, relating to the property in question. The act provides a legal basis for real burdens in light of the abolition of feudal tenure.
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