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- Original (As enacted)
This is the original version (as it was originally enacted).
(a)a notice relating to a real burden has been registered under section 18, 20, 27 or 33 of this Act; or
(b)an agreement relating to a real burden has been registered under section 19 of this Act,
against the dominium utile of any land which is subject to the burden, it shall not be competent to register under any of those sections against that dominium utile another such notice or agreement relating to the same real burden; but nothing in this subsection shall prevent registration where—
(i)the discharge of any earlier such notice has been registered by the person who registered that notice (or by his successor); or
(ii)as the case may be, the discharge of any earlier such agreement has been registered, jointly, by the parties to that agreement (or by their successors).
(2)Where the dominium utile of any land comprises parts each held by a separate vassal, each part shall be taken to be a separate feudal estate of dominium utile.
(3)Where more than one feudal estate of dominium utile is subject to the same real burden enforceable by a superior of the feu, he shall, if he wishes to execute and register a notice under section 18, 20, 27 or 33 of this Act against those feudal estates in respect of that real burden, require to do so against each separately.
(4)Where a feudal estate of dominium utile is subject to more than one real burden enforceable by a superior of the feu, he may if he wishes to—
(a)execute and register a notice under section 18, 20, 27 or 33 of this Act against that feudal estate in respect of those real burdens, do so by a single notice; or
(b)enter into and register an agreement under section 19 of this Act against that feudal estate in respect of those real burdens, do so by a single agreement.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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