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Long Leases (Scotland) Act 2012

Notices and agreements under this Part

Section 36: Further provision for notices and agreements

153.Subsection (2) provides that the person with a right to enforce (whether landlord or third party) should not be able to preserve that right under separate heads of conversion. It should not, for example, be competent to convert a condition into a neighbour burden under section 14 and a conservation burden under section 27 or section 28. A choice has to be made but the choice is not final as subsection (3) allows an earlier agreement or notice to be discharged.

154.Subsections (4) and (5) regulate the number of notices that are required. Where the same qualifying condition enforceable by the same person affects more than one qualifying lease, a separate notice must be prepared for each lease but the same notice (or agreement) can be used for more than one condition.

155.Subsection (6) makes clear that there is no requirement of registration where the prospective benefited property is outwith Scotland.

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