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Abolition of Feudal Tenure etc. (Scotland) Act 2000

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  1. Introductory Text

  2. PART 1 ABOLITION OF FEUDAL TENURE

    1. 1. Abolition on appointed day

    2. 2. Consequences of abolition

    3. 3. Amendment of Land Registration (Scotland) Act 1979

  3. PART 2 LAND TRANSFERS ETC. ON AND AFTER APPOINTED DAY

    1. 4. Ownership of land

    2. 5. Form of application for recording deed in Register of Sasines

    3. 6. Deduction of title for unregistered land etc.

  4. PART 3 FEUDUTIES

    1. Extinction of feuduties

      1. 7. Extinction on appointed day

      2. 8. Requiring compensatory payment

      3. 9. Calculation of amount of compensatory payment

      4. 10. Making compensatory payment by instalments

      5. 11. Service under section 8(1)

      6. 12. Extinction by prescription of requirement to make compensatory payment

    2. Arrears

      1. 13. Arrears of feuduty etc.

    3. Disclosure

      1. 14. Duty of collecting third party to disclose information

      2. 15. Duty to disclose identity etc. of former vassal

    4. Interpretation

      1. 16. Interpretation of Part 3

  5. PART 4 REAL BURDENS

    1. Extinction of superior’s rights

      1. 17. Extinction of superior’s rights

    2. Reallotment etc.

      1. 18. Reallotment of real burden by nomination of new dominant tenement

      2. 19. Reallotment of real burden by agreement

      3. 20. Reallotment of real burden by order of Lands Tribunal

      4. 21. Manner of dealing with application under section 20

      5. 22. Amendment of Tribunals and Inquiries Act 1992

      6. 23. Reallotment of real burden affecting facility of benefit to other land etc.

      7. 24. Interest to enforce real burden

      8. 25. Counter-obligations on reallotment

    3. Conservation burdens

      1. 26. Conservation bodies

      2. 27. Notice preserving right to enforce conservation burden

      3. 28. Enforcement of conservation burden

      4. 29. Assignation of right to conservation burden

      5. 30. Deduction of title for conservation burden

      6. 31. Extinction of burden on body ceasing to be conservation body

      7. 32. No standard security over conservation burden

    4. Compensation

      1. 33. Notice reserving right to claim compensation where land subject to development value burden

      2. 34. Transmissibility of right to claim compensation[j074.doc]

      3. 35. Claiming compensation

      4. 36. Service under section 35(3)

      5. 37. Amount of compensation

      6. 38. Duty to disclose identity of owner

      7. 39. The expression “owner” for purposes of sections 35 to 38

      8. 40. Assignation, discharge, or restriction, of reserved right to claim compensation

    5. Miscellaneous

      1. 41. Notices: pre-registration requirements etc.

      2. 42. Further provision as respects sections 18 to 20, 27 and 33

      3. 43. Notices and agreements under certain sections: extent of Keeper’s duty

      4. 44. Referral to Lands Tribunal of notice dispute

      5. 45. Circumstances where certain notices may be registered after appointed day

      6. 46. Duties of Keeper: amendments relating to the extinction of certain real burdens

      7. 47. Extinction of counter-obligation

      8. 48. No implication as to dominant tenement where real burden created in grant in feu

    6. Interpretation

      1. 49. Interpretation of Part 4

  6. PART 5 ENTAILS

    1. 50. Disentailment on appointed day

    2. 51. Compensation for expectancy or interest of apparent or other nearest heir in an entailed estate

    3. 52. Closure of Register of Entails

  7. PART 6 MISCELLANEOUS

    1. Discharge of certain rights and extinction of certain obligations and payments

      1. 53. Discharge of rights of irritancy

      2. 54. Extinction of superior’s rights and obligations qua superior

      3. 55. Abolition of thirlage

      4. 56. Extinction etc. of certain payments analogous to feuduty

      5. 57. Extinction by prescription of obligation to pay redemption money for feuduty, ground annual etc.

    2. The Crown, the Lord Lyon and Barony

      1. 58. Crown application

      2. 59. Crown may sell or otherwise dispose of land by disposition

      3. 60. Preserved right of Crown to maritime burdens

      4. 61. Mines of gold and silver

      5. 62. Jurisdiction and prerogative of Lord Lyon

      6. 63. Baronies and other dignities and offices

    3. Kindly Tenants of Lochmaben

      1. 64. Abolition of Kindly Tenancies

    4. Miscellaneous

      1. 65. Creation of proper liferent

      2. 66. Obligation to make title deeds and searches available

      3. 67. Prohibition on leases for periods of more than 175 years

      4. 68. Certain applications to Sheriff of Chancery

      5. 69. Application of 1970 Act to earlier forms of heritable security

      6. 70. Ownership of land by a firm

  8. PART 7 GENERAL

    1. 71. The appointed day

    2. 72. Interpretation

    3. 73. Feudal terms in enactments and documents: construction after abolition of feudal system

    4. 74. Orders, regulations and rules

    5. 75. Saving for contractual rights

    6. 76. Minor and consequential amendments, repeals and power to amend or repeal enactments

    7. 77. Short title and commencement

    1. SCHEDULE 1

      FORM OF NOTICE REQUIRING COMPENSATORY PAYMENT ETC.:CUMULO FEUDUTY

      1. NOTICE UNDER SECTION 8(1) OF THE ABOLITION OF FEUDAL TENURE...

      2. Appendix referred to in the Notice:

      3. Total compensation payable is £ [amount], allocated as follows:

      4. Explanatory Note

      5. (This explanation, and the “Notes for completion of the Appendix”...

      6. The feudal system was abolished on [insert date of abolition]....

      7. The appendix sets out the total sum due as compensation...

      8. The total compensation payable is that sum which would, if...

      9. If the amount of the compensatory payment allocated to you...

      10. If, having received the instalment document, you sell, or transfer...

      11. Unless you are paying by instalments you must pay the...

      12. Your former feudal superior may also be claiming arrears of...

      13. If at one time you had right to the property...

      14. If you think that the amount required from you is...

      15. Notes for completion of the Appendix

        1. 1.Insert the name of each owner.

        2. 2.Give sufficient identification of each part of the land held...

        3. 3.Insert the amount of the compensation allocated to each owner....

    2. SCHEDULE 2

      FORM OF NOTICE REQUIRING COMPENSATORY PAYMENT ETC.: ORDINARY CASE

      1. NOTICE UNDER SECTION 8(1) OF THE ABOLITION OF FEUDAL TENURE...

      2. Explanatory Note

      3. (This explanation has no legal effect)

      4. The feudal system was abolished on [insert date of abolition]....

      5. The compensatory payment is that sum which would, if invested...

      6. If the compensatory payment is £50 or more you can...

      7. If, having received the instalment document, you sell, or transfer...

      8. Unless you are paying by instalments you must pay the...

      9. Your former feudal superior may also be claiming arrears of...

      10. If at one time you had right to the property...

      11. If you think that the amount required from you is...

    3. SCHEDULE 3

      FORM OF INSTALMENT DOCUMENT

      1. INSTALMENT DOCUMENT To: [name and address of former superior or...

      2. Explanatory Note

      3. (This explanation has no legal effect)

      4. You can choose to pay by instalments by signing, dating...

      5. The compensatory payment will be payable in 5, 10, 15,...

      6. If you fail to pay an instalment within 42 days...

      7. If, having chosen to pay by instalments, you sell, or...

      8. If, after you receive this document, you sell, or so...

      9. If you have difficulty in making the compensatory payment you...

      10. Note for completion of the form by the former superior

        1. (This note has no legal effect)

        2. Insert the number of instalments in accordance with the following...

    4. SCHEDULE 4

      PROCEDURES AS TO SERVICE UNDER SECTION 8(1)

      1. FORM A

        1. “I, [name of former vassal], acknowledge receipt of a notice...

        2. Signed: [signature of former vassal]

        3. Date: . ”.

      2. FORM B

        1. “Notice under section 8(1) of the Abolition of Feudal Tenure...

        2. Signature: [signature either of the former superior or of his...

        3. Date: . ”.

    5. SCHEDULE 5

      FORM OF NOTICE PROSPECTIVELY NOMINATING DOMINANT TENEMENT

      1. NOTICE PROSPECTIVELY NOMINATING DOMINANT TENEMENT Superior: (see note for completion...

      2. Explanatory Note

      3. (This explanation has no legal effect)

      4. This notice is sent by your feudal superior, who is...

      5. By this notice the feudal superior asserts that at present...

      6. Normally, for the notice to be valid, there must, on...

      7. If you think that there is a mistake in this...

      8. Notes for completion of the notice

        1. (These notes have no legal effect)

        2. (These notes have no legal effect)

        3. 1.Insert name and address of superior.

        4. 2.Describe the land in a way that is sufficient to...

        5. 3.Insert one or more of the following: “The dominant tenement...

        6. 4.Specify by reference to the appropriate Register the deed or...

        7. 5.Where the title has been registered in the Land Register...

        8. 6.Do not complete until a copy of the notice has...

        9. 7.The superior should not swear or affirm, or sign, until...

    6. SCHEDULE 6

      FORM OF NOTICE SEEKING AGREEMENT TO THE PROSPECTIVE NOMINATION OF A DOMINANT TENEMENT

      1. NOTICE SEEKING AGREEMENT TO PROSPECTIVE NOMINATION OF DOMINANT TENEMENT Superior:...

      2. Explanatory Note

      3. (This explanation has no legal effect)

      4. This notice is sent by your feudal superior. In this...

      5. By this notice the feudal superior asserts that at present...

      6. In the absence of agreement the superior may yet be...

      7. If the superior does apply to the Tribunal you may...

      8. Notes for completion of the notice

        1. (These notes have no legal effect)

        2. (These notes have no legal effect)

        3. 1.Insert name and address of superior.

        4. 2.Insert name and address of person who has the feudal...

        5. 3.Specify by reference to the appropriate Register the deed or...

        6. 4.Where the title has been registered in the Land Register...

        7. 5.Do not complete until a copy of the notice has...

    7. SCHEDULE 7

      FORM OF NOTICE INTIMATING APPLICATION TO LANDS TRIBUNAL UNDER SECTION 20(1)

      1. NOTICE INTIMATING APPLICATION TO LANDS TRIBUNAL UNDER SECTION 20(1) OF...

      2. Explanatory Note

      3. (This explanation has no legal effect) This notice is sent...

      4. At present the use of your property is subject to...

      5. You may oppose his application to the Tribunal and in...

      6. The effect of the superior registering this notice will be...

      7. Notes for completion of the notice

        1. (These notes have no legal effect)

        2. (These notes have no legal effect)

        3. 1.Insert name and address of superior.

        4. 2.Describe the land in a way that is sufficient to...

        5. 3.Specify by reference to the Register the deed or deeds...

        6. 4.The superiority referred to in the box “Title to the...

        7. 5.Set out in full the description which was, in pursuance...

        8. 6.Insert either: “The applicant has sent a copy of this...

        9. 7.The superior should not swear or affirm, or sign, until...

    8. SCHEDULE 8

      FORM OF NOTICE PRESERVING CONSERVATION BODY’S OR SCOTTISH MINISTERS’ RIGHT TO REAL BURDEN

      1. NOTICE PRESERVING CONSERVATION BODY’S OR SCOTTISH MINISTERS’ RIGHT TO REAL...

      2. Explanatory Note

      3. (This explanation has no legal effect)

      4. This notice is sent by your feudal superior.

      5. At present the use of your property is subject to...

      6. If you think that there is a mistake in this...

      7. Notes for completion of the notice

        1. (These notes have no legal effect)

        2. (These notes have no legal effect)

        3. 1.Insert the year and number of the relevant statutory instrument...

        4. 2.Describe the land in a way that is sufficient to...

        5. 3.Specify by reference to the appropriate Register the deed or...

        6. 4.Where the title has been registered in the Land Register...

        7. 5.Do not complete until a copy of the notice has...

        8. 6.The notice should not be signed until a copy of...

    9. SCHEDULE 9

      FORM OF NOTICE RESERVING RIGHT TO COMPENSATION IN RESPECT OF EXTINCTION OF DEVELOPMENT VALUE BURDEN

      1. NOTICE RESERVING RIGHT TO COMPENSATION IN RESPECT OF EXTINCTION OF...

      2. Explanatory Note

      3. (This explanation has no legal effect)

      4. This notice is sent by your feudal superior.

      5. The feudal system is shortly to be abolished. By this...

      6. A development value burden is a special type of real...

      7. For the superior to be entitled to reserve the right...

      8. This notice will be registered in the Land Register of...

      9. If you think that there is a mistake in this...

      10. Notes for completion of notice

        1. (These notes have no legal effect)

        2. (These notes have no legal effect)

        3. 1.Insert name and address of superior.

        4. 2.Describe the land in a way that is sufficient to...

        5. 3.Specify by reference to the appropriate Register the deed or...

        6. 4.State that the burden reserves the development value. Section 33(5)...

        7. 5.Where the title has been registered in the Land Register...

        8. 6.Specify by reference to the appropriate Register the writ granting...

        9. 7.State the amount by which the consideration was reduced because...

        10. 8.Do not complete until a copy of the notice has...

        11. 9.The superior should not swear or affirm, or sign, until...

    10. SCHEDULE 10

      PROCEDURES AS TO SERVICE UNDER SECTION 35(3)

      1. FORM A

        1. “I [name of owner] acknowledge receipt of a notice under...

        2. Signed: [signature of owner]

        3. Date: .”.

      2. FORM B

        1. “Notice under section 35(3) of the Abolition of Feudal Tenure...

        2. Signature: [signature either of the owner or his agent; and...

        3. Date: .”.

    11. SCHEDULE 11

      FORM OF ASSIGNATION, DISCHARGE OR RESTRICTION OF RESERVED RIGHT TO CLAIM COMPENSATION

      1. ASSIGNATION [OR DISCHARGE OR RESTRICTION] OF RESERVED RIGHT TO CLAIM...

      2. (Execute in accordance with section 3 of the Requirements of...

    12. SCHEDULE 12

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. PART 1 MINOR AND CONSEQUENTIAL AMENDMENTS: GENERAL

        1. 1.Mines and Metals Act 1592 (c.31) (Act of the Parliaments of Scotland)

        2. 2.Redemptions Act 1661 (c.247) (Act of the Parliaments of Scotland)

        3. 3.Real Rights Act 1693 (c.22) (Act of the Parliaments of Scotland)

        4. 4.Lands Clauses Consolidation (Scotland) Act 1845 (c.19)

        5. 5.Entail Amendment Act 1848 (c.36)

        6. 6.Registration of Leases (Scotland) Act 1857 (c.26)

        7. 7.Land Registers (Scotland) Act 1868 (c.64)

        8. 8.Titles to Land Consolidation (Scotland) Act 1868 (c.101)

        9. 9.Conveyancing (Scotland) Act 1874 (c.94)

        10. 10.Writs Execution (Scotland) Act 1877 (c.40)

        11. 11.Conveyancing (Scotland) Acts (1874 and 1879) Amendment Act 1887 (c.69)

        12. 12.Military Lands Act 1892 (c.43)

        13. 13.Heritable Securities (Scotland) Act 1894 (c.44)

        14. 14.Entail (Scotland) Act 1914 (c.43)

        15. 15.Conveyancing (Scotland) Act 1924 (c.27)

        16. Notes to Schedule K, shall cease to have effect.

          1. 16.Church of Scotland (Property and Endowments) Act 1925 (c.33)

          2. 17.Church of Scotland (Property and Endowments) Amendment Act 1933 (c.44)

          3. 18.Conveyancing Amendment (Scotland) Act 1938 (c.24)

          4. 19.National Parks and Access to the Countryside Act 1949 (c.97)

          5. 20.Town and Country Planning (Scotland) Act 1954 (c.73)

          6. 21.Land Powers (Defence) Act 1958 (c.30)

          7. 22.Opencast Coal Act 1958 (c.69)

          8. 23.Caravan Sites and Control of Development Act 1960 (c.62)

          9. 24.Flood Prevention (Scotland) Act 1961 (c.41)

          10. 25.Land Compensation (Scotland) Act 1963 (c.51)

          11. 26.Local Government (Development and Finance)(Scotland) Act 1964 (c.67)

          12. 27.Forestry Act 1967 (c.10)

          13. 28.Countryside (Scotland) Act 1967 (c.86)

          14. 29.Countryside Act 1968 (c.41)

          15. 30.Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35)

          16. 31.Agriculture Act 1970 (c.40)

          17. 32.Housing (Financial Provisions) (Scotland) Act 1972 (c.46)

          18. 33.Prescription and Limitation (Scotland) Act 1973 (c.52)

          19. 34.Paragraph 33(1) and (5)(a) of this schedule, and the provisions...

          20. 35.Land Compensation (Scotland) Act 1973 (c.56)

          21. 36.Offshore Petroleum Development (Scotland) Act 1975 (c.8)

          22. 37.Scottish Development Agency Act 1975 (c.69)

          23. 38.Aircraft and Shipbuilding Industries Act 1977 (c.3)

          24. 39.Land Registration (Scotland) Act 1979 (c.33)

          25. 40.Ancient Monuments and Archaeological Areas Act 1979 (c.46)

          26. 41.Education (Scotland) Act 1980 (c.44)

          27. 42.Water (Scotland) Act 1980 (c.45)

          28. 43.British Telecommunications Act 1981 (c.38)

          29. 44.Mobile Homes Act 1983 (c.34)

          30. 45.Roads (Scotland) Act 1984 (c.54)

          31. 46.Companies Act 1985 (c.6)

          32. 47.Housing Associations Act 1985 (c.69)

          33. 48.Housing (Scotland) Act 1987 (c.26)

          34. 49.Consumer Protection Act 1987 (c.43)

          35. 50.Income and Corporation Taxes Act 1988 (c.1)

          36. 51.Capital Allowances Act 1990 (c.1)

          37. 52.Enterprise and New Towns (Scotland) Act 1990 (c.35)

          38. 53.Natural Heritage (Scotland) Act 1991 (c.28)

          39. 54.Coal Mining Subsidence Act 1991 (c.45)

          40. 55.Crofters (Scotland) Act 1993 (c.44)

          41. 56.Coal Industry Act 1994 (c.21)

          42. 57.Value Added Tax Act 1994 (c.23)

          43. 58.Requirements of Writing (Scotland) Act 1995 (c.7)

          44. 59.Atomic Energy Authority Act 1995 (c.37)

          45. 60.Town and Country Planning (Scotland) Act 1997 (c.8)

          46. 61.Finance Act 1999 (c.16)

      2. PART 2 MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO THE NATIONAL TRUST FOR SCOTLAND

        1. 62.National Trust for Scotland Order Confirmation Act 1935 (c.ii)

        2. 63.National Trust for Scotland Order Confirmation Act 1947 (c.xxxviii)

    13. SCHEDULE 13

      REPEALS

      1. PART 1 REPEALS: GENERAL

      2. PART 2 REPEALS RELATING TO THE NATIONAL TRUST FOR SCOTLAND

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