- Latest available (Revised)
- Original (As enacted)
Title Conditions (Scotland) Act 2003
You are here:
- Acts of the Scottish Parliament
- 2003 asp 9
- Part 7
- Positive servitudes
What Version
Advanced Features
Opening Options
More Resources
Status:
This is the original version (as it was originally enacted).
Positive servitudes
75Creation of positive servitude by writing: deed to be registered
(1)A deed is not effective to create a positive servitude by express provision unless it is registered against both the benefited property and the burdened property.
(2)It shall be no objection to the validity of a positive servitude that, at the time when the deed was registered as mentioned in subsection (1) above, the same person owned the benefited property and the burdened property; but, notwithstanding section 3(4) of the 1979 Act (creation of real right or obligation on date of registration etc.), the servitude shall not be created while that person remains owner of both those properties.
(3)Subsection (1) above—
(a)is subject to section 3(1) of the Prescription and Limitation (Scotland) Act 1973 (c. 52) (creation of positive servitude by 20 years' possession following execution of deed); and
(b)does not apply to servitudes such as are mentioned in section 77(1) of this Act.
76Disapplication of requirement that positive servitude created in writing be of a known type
(1)Any rule of law that requires that a positive servitude be of a type known to the law shall not apply in relation to any servitude created in accordance with section 75(1) of this Act.
(2)Nothing in subsection (1) above permits the creation of a servitude that is repugnant with ownership.
77Positive servitude of leading pipes etc. over or under land
(1)A right to lead a pipe, cable, wire or other such enclosed unit over or under land for any purpose may be constituted as a positive servitude.
(2)It shall be deemed always to have been competent to constitute a right such as is mentioned in subsection (1) above as a servitude.
78Discharge of positive servitude
A positive servitude—
(a)which has been registered against the burdened property; or
(b)which has been noted in, or otherwise appears in, the title sheet of that property,
is discharged by deed only on registration of the deed against the burdened property.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThis Cross Heading only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government 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
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. 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
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.