Title Conditions (Scotland) Act 2003
| Act of the Scottish Parliament | |
| 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 | |
| Repeals/revokes |
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| Relates to | |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Text of the Title Conditions (Scotland) Act 2003 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Title Conditions (Scotland) Act 2003 (asp 9) 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]
Provisions
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.
The act established "title conditions" as a generic term for servitudes, conditions in long leases, and other obligations which are capable of variation or discharge by the Lands Tribunal.[3]
The act completed the abolition of the feudal system.[4]
Further developments
The Scottish Law Commission published a draft bill following a consultation on improving section 53 of the act.[5]
See also
References
- ^ Elliot, Alison; Watt, John; Ian, Cooke; Taylor, Pip (2014). "The Land of Scotland and the Common Good: Report of the Land Reform Review Group" (PDF). The Scottish Government. p. 142. Retrieved 4 March 2017.
- ^ "Title Conditions (Scotland) Act 2003" (PDF). p. 1. Retrieved 4 March 2017.
- ^ "The Title Conditions Bill". Law Society of Scotland. 1 November 2000. Retrieved 28 January 2026.
- ^ "McConnell outlines way ahead". BBC News. 30 May 2002. Retrieved 28 January 2026.
- ^ "Improvements suggested for Title Conditions Bill". Scottish Legal News. 15 February 2019. Retrieved 28 January 2026.
External links
- Text of the Title Conditions (Scotland) Act 2003 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.