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Abolition of Feudal Tenure etc. (Scotland) Act 2000

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60Preserved right of Crown to maritime burdens

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(1)Where, immediately before the appointed day, the Crown has the right as superior to enforce a real burden against part of the sea bed or part of the foreshore, then, on and after that day, the Crown shall—

(a)subject to any counter-obligation, have title to enforce; and

(b)be presumed to have an interest to enforce,

the burden; and any burden as respects which the Crown has such title and interest shall, on and after the appointed day, be known as a “maritime burden”.

(2)The right of the Crown to a maritime burden may not be assigned.

(3)For the purposes of this section—

  • “sea bed” means the bed of the territorial sea adjacent to Scotland; and

  • “territorial sea” includes any tidal waters.

(4)In this section, “real burden” has the same meaning as in Part 4 of this Act.

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