Forth Crossing Act 2011

46 Suspension of real burdens and servitudes etc.

(1) Where Ministers take possession of land under section 37 or 39—

(a) any servitude or real burden over that land is unenforceable, and

(b) any development management scheme applying to the land is disapplied,

for the period of possession.

(2) “Period of possession” means the period beginning when Ministers enter and take possession and ending—

(a) where temporary possession is taken under section 37, when Ministers give up temporary possession,

(b) where possession is taken under section 39—

(i) on the registration of the relevant conveyance, or

(ii) where the notice to treat or general vesting declaration concerned is withdrawn or otherwise ceases to have effect.