Explanatory Notes

Land Reform (Scotland) Act 2016

2016 asp 18

22 April 2016

Commentary on Sections

Part 5 – Right to Buy Land to Further Sustainable Development

Key terms

Section 45 – Meaning of “land”

188.Subsection (1) provides that land for the purposes of Part 5 includes bridges and other structures built on or over land, inland waters, canals, and the foreshore (which is the land between the high and low water marks of ordinary spring tides).

189.It also provides land for the purposes of Part 5 includes salmon fishings in inland waters or mineral rights that are owned separately from the land in respect of which they are exigible but that land also does not include any other separate tenements owned separately from the land in respect of which they are exigible.

190.Subsection (2) sets out that “mineral rights” does not include rights to oil, coal, gas, gold or silver.

191.Subsection (3) sets out the meaning of “inland waters” in Part 5.