 |  |
| Consultations |
| Home | Press | Publications | What We Do | Who We Are | Search | Site Map | Contacts | Links | ||||
| | |||
| > Publications | ||||
< Previous | Contents | Next >
138. Part 10 of the draft Bill is concerned with miscellaneous topics such as compulsory purchase, amendments to legislation, and other topics.
Compulsory purchase - sections 98 to 101
139. Compulsory purchase of land is thought to extinguish all real burdens and servitudes. Doubts have, however, been expressed as to whether or not this is a true reflection of the current law. Sections 98 and 99 provide that where land is acquired following a compulsory purchase order or purchase by agreement under statutory powers, most burdens or servitudes on the land will be extinguished. Facility burdens and pipeline servitudes will not, however, be extinguished, and if the purchase is by agreement, then conservation and maritime burdens will survive. The purchaser or his successor in title may, however, ignore any pipeline servitude or facility burden if using the land for the purposes for which it was acquired.
|
Discussion Point 31 The Executive agrees that the effect of compulsory purchase on real burdens and servitudes should be clarified, and favours the approach set out in sections 98 and 99. Do you agree with the exclusion of pipeline servitudes and facility burdens from the operation of sections 98(1) and 99(1)? |
Clawback - section 102
140. The Commission have recommended an amendment to the legislation governing the ranking of standard securities for clawback provisions. This matter is discussed further in Chapter 11 of this Consultation Paper, on the relationship of the Title Conditions Bill with the 2000 Act.
PART 11
141. Part 11 of the Bill deals with savings, transitional and general provisions, including interpretation, the expression 'owner', short title, and commencement. 'Owner' is defined to mean anyone who has right to property whether or not title has been completed.
The Executive agrees with the provisions in Part 11.
< Previous | Contents | Next >
The information contained on this WWW site is Crown Copyright but may be reproduced without formal permission or charge for personal or in-house use. Privacy and Content Disclaimer.
For general enquiries about this web site email ceu@scotland.gov.uk or fill out our online questionnaire.
