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5(1)The Prescription and Limitation (Scotland) Act 1973 shall be amended in accordance with this paragraph.
(2)In section 1 (prescriptive period in relation to real rights in land), in subsection (3), after the word “to”, where it fourthly occurs, there shall be inserted “real burdens,”.
(3)In Schedule 1 (obligations affected by prescriptive periods of five years under section 6 of the Act)—
(a)in paragraph 1(a)(vii), for the words “land obligation” there shall be substituted “title condition”; and
(b)for paragraph 4 there shall be substituted—
“4In this Schedule, “title condition” shall be construed in accordance with section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9).”.
(4)In Schedule 3 (rights and obligations which are imprescriptible for certain purposes of the Act), in sub-paragraph (h), for the word “interest” there shall be substituted “real right”.
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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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