Search Legislation

Title Conditions (Scotland) Act 2003

Section 91: Special provision as to variation or discharge of community burdens

381.Section 91 of the Act allows owners of 25% of the units in a community to apply to the Lands Tribunal to vary or discharge a community burden or the community burdens as they affect all or part of a community. Not all owners of each unit need apply and subsection (2)makes clear that owners may apply in respect of units that they do not own. The meaning of ‘community burdens’ is given in section 25, and of ‘unit’ in section 122(1). ‘Vary’ includes the imposition of new burdens and, in terms of section 122(1) also includes changes to existing burdens to impose new obligations .

382.Subsection (3) enables the Tribunal to award compensation, on the same basis as under section 90.

Back to top


Print Options


Explanatory Notes

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


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources