Title Conditions (Scotland) Act 2003 (asp 9)

Part 4 Transitional: implied rights of enforcement

New implied rights of enforcement

58 Duty of Keeper to enter on title sheet statement concerning enforcement rights

The Keeper of the Registers of Scotland—

(a) during that period of ten years which commences with the appointed day, may; and

(b) after the expiry of that period, shall,

where satisfied that a real burden subsists by virtue of any of sections 52 to 56 of this Act or section 60 of the 2000 Act (preserved right of Crown to maritime burdens), enter on the title sheet of the burdened property—

(i) a statement that the real burden subsists by virtue of the section in question; and

(ii) where there is sufficient information to enable the Keeper to describe the benefited property, a description of that property,

and where there is that sufficient information the Keeper shall enter that statement on the title sheet of the benefited property also, together with a description of the burdened property.