Explanatory Notes

High Hedges (Scotland) Act 2013

2013 asp 6

2 May 2013

Commentary on Sections

Expenses of enforcement

Section 27 – Recovery of expenses from new owner of land

59.This section deals with the liability of an incoming or “new” owner of the neighbouring land. It provides that a new owner, as well as the former owner, is liable for any expenses and interest for which the former owner is liable, under the terms of section 25. However, this is only the case where subsection (2) applies.

60.Subsection (2) provides that a new owner is liable only if a notice of liability for expenses is registered in the property registers (on or before a date 14 days prior to the new owner becoming the owner). If no such notice is registered then the new owner is not liable.