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Section
Part 1 Real burdens: general
Meaning and creation
1 The expression "real
burden"
2 Affirmative, negative and ancillary burdens
3 Other
characteristics
4 Creation
5 Further provision as respects constitutive
deed
Duration, enforceability and liability
6 Duration
7 Right to enforce
8 Persons against whom burdens
are enforceable
9 Affirmative burdens: continuing liability of former owner
10 Affirmative burdens: shared liability
Division
of benefited or burdened property
11 Division of a benefited property
12 Division of a burdened property
Construction
13 Construction
Extinction
14 Discharge
15 Acquiescence
16 Negative prescription
17 Confusio not to extinguish
real burden
Termination
18 Notice
of termination
19 Intimation
20 Oath or affirmation before notary
public
21 Prerequisite certificate for registration of notice of termination
22 Effect of registration of notice of termination
Part 2 Community burdens
Meaning, creation etc.
23 The expression
"community burdens"
24 Creation of community burdens: supplementary
provision
25 Effect on units of statement that burdens are community burdens
Management of community
26 Power of majority
to appoint manager etc.
27 Power of majority to instruct common maintenance
28 Owners’ decision binding
29 Remuneration of manager
Variation,
discharge etc
30 Variation and discharge of community burdens affecting
certain units
31 Variation and discharge where section 30 not applicable
32 Reduction of deed granted by virtue of section 31
Part
3 Conservation and maritime burdens
Conservation
burdens
33 Conservation burdens
34 Assignation
35 Enforcement
where no completed title
36 Completion of title
37 Extinction of
burden on body ceasing to be conservation body
Maritime
burdens
38 Maritime burdens
General
39 Interest to enforce
40 Discharge
Part
4 Transitional: implied rights of enforcement
Extinction
of implied rights of enforcement
41 Extinction
42 Preservation
43 Duties of Keeper: amendments relating to unenforceable real burdens
New implied rights of enforcement
44 Common
schemes: general
45 Tenements
46 Sheltered housing
47 Facility
burdens and service burdens
48 Duty of Keeper to enter on title sheet statement
concerning enforcement rights
Part
5 Real burdens: miscellaneous
49 Effect of extinction etc. on court
proceedings
50 Grant of deed where title not completed: requirements
51 Contractual liability incidental to creation of real burden
52 Real
burdens of combined type
53 Manager burdens
54 Overriding power
to dismiss manager
55 Manager: transitory provisions
56 Discharge
of rights of irritancy
57 Requirement for repetition etc. of terms of real
burden in future deed
58 Further provision as respects deeds of variation
and of discharge
59 Duty to disclose identity of owner
Part
6 Development Management Scheme
60 Development Management Scheme
61 Application of other provisions of this Act to rules of Scheme
62 Variation
of Scheme as it affects certain units
63 Variation of Scheme where section
62 not applicable
64 Restrictions on variation of Part 2 of Scheme
65 Disapplication
66 Reduction of deed of variation or of disapplication
67 Application to sheriff for annulment of certain decisions made under Scheme
68 Rights of creditors
69 Liability of successor for service charge
70 Power of Scottish Ministers to vary schedule 3
Part
7 Servitudes
Positive servitudes
71 Creation
of positive servitude by writing: deed to be registered
72 Disapplication
of requirement that positive servitude created in writing be of a known type
73 Positive servitude of leading pipes etc. over or under land
74 Discharge
of positive servitude
Negative servitudes
75 Prohibition on creation of negative servitude
Transitional
76 Negative servitudes to become real burdens
77 Certain real burdens
to become positive servitudes
Part
8 Pre-emption and reversion
Pre-emption
78 Application
of sections 79 and 80
79 Extinction following pre-sale undertaking
80 Extinction following offer to sell
81 Ending of council’s right
of pre-emption as respects certain churches
Reversion
82 Reversions under School Sites Act 1841
83 Prescriptive period
for claims under 1841 Act
84 Repeal of Reversion Act 1469
Part
9 Title conditions: powers of Lands Tribunal
85 Powers of Lands
Tribunal as respects title conditions
86 Special provision as to variation
or discharge of community burdens
87 Early application for discharge: restrictive
provisions
88 Notification of application
89 Content of notice
90 Persons entitled to make representations
91 Representations
92 Granting
unopposed application for discharge or renewal of real burden
93 Granting
any other application for variation, discharge or renewal of title condition
94 Factors to which the Lands Tribunal are to have regard in determining applications
etc.
95 Expenses
96 Taking effect of orders of Lands Tribunal etc.
Part
10 Miscellaneous
Consequential alterations to Land Register
97 Alterations to Land Register consequential upon registering certain
deeds
Compulsory acquisition of land
98 Extinction
of real burdens and servitudes on compulsory acquisition of land
99 Extinction
of real burdens and servitudes where land acquired by agreement
100 Extinction
under sections 98 and 99: compensation
Amendments
101 Amendment of Acquisition of Land (Authorisation Procedure) (Scotland)
Act 1947
102 Amendment of Conveyancing and Feudal Reform (Scotland) Act
1970
103 Amendment of Prescription and Limitation (Scotland) Act 1973
104 Amendment of Land Registration (Scotland) Act 1979
105 Amendment
of Enterprise and New Towns (Scotland) Act 1990
106 Amendment of Abolition
of Feudal Tenure etc. (Scotland) Act 2000
Miscellaneous
107 Further provision as respects notices of preservation or of converted
servitude
108 Benefited property outwith Scotland
109 Pecuniary
real burdens
110 Common interest
Part
11 Savings, transitional and general
Savings and transitional provisions
etc.
111 Savings and transitional provisions etc.
General
112 Requirement for dual registration
113 Interpretation
114 The expression "owner"
115 Sending
116 References to distance
117 Orders, regulations and rules
118 Minor
and consequential amendments and repeals
119 Short title and commencement
Schedule
1 –Form of notice of termination
Schedule
2 –Form of notice of preservation
Schedule
3 –Development Management Scheme
Schedule
4 –Form of notice of converted servitude
Schedule
5 –Form of undertaking
Schedule 6 –Title
conditions not subject to discharge by Lands Tribunal
Schedule
7 –Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 2000
Schedule 8 –Minor and consequential amendments
Schedule 9–Repeals
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