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Forth Crossing Act 2011

Section 46 – Suspension of real burdens and servitudes etc.

154.Section 106 of the Title Conditions (Scotland) Act 2003 (asp 9) provides for the extinguishment of real burdens and servitudes etc. on the permanent compulsory acquisition of land but not where the occupation is temporary. To ensure that the Forth Crossing works are not compromised by existing servitudes, real burdens or development management schemes section 46 provides that these rights are unenforceable or disapplied in respect of land under section 37 or 39 for the period of possession. A definition is provided within section 46 for the period of possession over which servitudes, burdens or development management are unenforceable or disapplied.

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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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