| 2
Law Reform Legislation |
| 2.1 More
than anything else, land reform is about modernising the
archaic base of property law which has constrained
Scottish life for far too long. It is wholly unacceptable
that these outdated laws - at best irrelevant, at worst
onerous and oppressive - should remain in being a moment
longer than necessary. There is no place in a modern
society for such laws. |
| |
| Feudal reform |
| 2.2 A key
element in the land reform programme will therefore be a
series of measures currently being prepared by the
Scottish Law Commission to remove outdated and unfair
land law. Firstly, by the time that the Scottish
Parliament is in being, a draft Bill will be available to
abolish the feudal system (which is still susceptible to
abuse) and to replace it with a system of outright
ownership of land. The Scottish Law Commission's final
Report on abolition of feudalism will be published
shortly. |
| |
| Leasehold casualties |
| 2.3 There
will also be available to the Parliament a draft Bill to
reform leasehold casualties (whereby landlords can demand
payments additional to rent from tenants under very long
leases); these have been the cause of much concern
recently following the actions of unscrupulous landlords.
The Scottish Law Commission has recommended the abolition
of casualties in its recent Report (Scot Law Com No 165). |
| |
| Real burdens |
| 2.4 But
this is just a beginning. Even more significant will be
the reform of real burdens, which will do away with
obsolete and outdated conditions on properties, and
modernise the basis on which remaining and new conditions
should apply. Many burdens are only too aptly named:
arbitrary and unfair in their application; onerous and an
impediment to development in modern circumstances. But
there are some which are beneficial, and indeed essential
in the interests of occupants and their neighbours. The
Scottish Law Commission issued a Discussion Paper (No
106) in October 1998 on Real Burdens. This proposes to
retain the benefits - and only the benefits - of the
present arrangements by creating a new system of
community and neighbour burdens focused on modern
circumstances. The paper also sets out proposals for
handling the transition from the past to the future
covering such matters as title to enforce burdens, the
creation, variation and extinction of burdens,
pre-emption, redemption and other options to acquire. The
Commission has invited comments on possible reforms by
the end of January and, in the light of comments
received, draft legislation could be ready by the end of
1999. |
| 2.5 The
significant contribution which these law reforms could
make towards comprehensive land reform is welcomed. |
