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Title Conditions (Scotland) Act 2003

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This is the original version (as it was originally enacted).

10Affirmative burdens: continuing liability of former owner

This section has no associated Explanatory Notes

(1)An owner of burdened property shall not, by virtue only of ceasing to be such an owner, cease to be liable for the performance of any relevant obligation.

(2)A person who becomes an owner of burdened property (any such person being referred to in this section as a “new owner”) shall be severally liable with any former owner of the property for any relevant obligation for which the former owner is liable.

(3)A new owner who incurs expenditure in the performance of any relevant obligation for which a former owner of the property is liable may recover an amount equal to such expenditure from that former owner.

(4)For the purposes of subsections (1) to (3) above, “relevant obligation” means any obligation under an affirmative burden which is due for performance; and such an obligation becomes due—

(a)in a case where—

(i)the burden is a community burden; and

(ii)a binding decision to incur expenditure is made,

on the date on which that decision is made; or

(b)in any other case, on—

(i)such date; or

(ii)the occurrence of such event,

as may be stipulated for its performance (whether in the constitutive deed or otherwise).

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