Search Legislation

Abolition of Feudal Tenure etc. (Scotland) Act 2000

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Paragraph 39

 Help about opening options

Alternative versions:

Changes to legislation:

Abolition of Feudal Tenure etc. (Scotland) Act 2000, Paragraph 39 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Land Registration (Scotland) Act 1979 (c.33)S

This section has no associated Explanatory Notes

39(1)The Land Registration (Scotland) Act 1979 shall be amended in accordance with this paragraph.

(2)In section 2(1)(a) (provision for registration in the land register)—

(a)in sub-paragraph (i)—

(i)for the words “feu, long lease or security by way of contract of ground annual” substitute “ long lease ”; and

(ii)for the words “feuar, lessee or debtor in the ground annual” substitute “ lessee ”; and

(b)in sub-paragraph (v), for the words “, udal tenure or a kindly tenancy” substitute “ or udal tenure ”.

(3)In section 3 (effect of registration)—

(a)in subsection (3), paragraph (c) shall cease to have effect;

(b)in subsection (4), paragraph (b) shall cease to have effect; F1. . .

(c)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 6 (title sheets)—

(a)in subsection (1)(a), for the words “dominium utile” substitute “ land ”; and

(b)in subsection (3), the words “over-feuduty or”, in both places where they occur, shall cease to have effect.

(5)In section 12 (indemnity in respect of loss)—

(a)in subsection (3)(m), the words “a superior, a creditor in a ground annual or”, “the feu writ, the contract of ground annual or”, “, as the case may be,”, “superior, creditor or” and, in both places where they occur, “feuduty, ground annual or”; and

(b)in subsection (4)(a) the words “over-feuduty or”,

shall cease to have effect.

(6)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In section 16 (omission of certain clauses in deeds)—

(a)subsection (2); and

(b)in subsection (3)(b), the words “feuduties, ground annuals,” and “and, in the case of a grant of land in feu, of all feuduties payable by the grantor to his superiors from and after the date of entry”,

shall cease to have effect.

(8)In section 20 (tenants-at-will)—

(a)in subsection (3), paragraph (ii), and the word “; and” immediately preceding that paragraph, shall cease to have effect;

(b)in subsection (5), for the words “, restriction or redemption” substitute “ or restriction ”;

(c)in subsection (6), the words “, and all such feuduties, ground annuals or other periodical payments as are mentioned in subsection (3)(ii) above” shall cease to have effect; and

(d)in subsection (8)(a), sub-paragraph (ii) shall cease to have effect.

(9)In section 21 (provisions supplementary to section 20)—

(a)in subsection (8), for the words “infeft in” substitute “ owner of ”;

(b)for subsection (9) substitute—

(9)Any condition or provision to the effect that a person with an interest in land shall be entitled to a right of pre-emption in the event of a sale of the land, or of any part of the land, by the proprietor for the time being, shall not be capable of being enforced where the sale is by a landlord to his tenant-at-will under section 20 of this Act.;

and

(c)in subsection (10) for the words “grant by him of a feu” substitute “ disposition by him ”.

(10)In section 26 (application to Crown), for the words “held of the Crown and of” substitute “ owned by the Crown or by ”.

(11)In section 28(1) (interpretation)—

(a)the definition of “feu” shall cease to have effect;

(b)in the definition of “incorporeal heritable right”, after the word “include” insert “ a right of ownership of land, the right of a lessee under a long lease of land, a right to mines or minerals or ”;

(c)for the definition of “interest in land” substitute—

interest in land”—

(a)means any right in or over land, including any heritable security or servitude but excluding any lease which is not a long lease; and

(b)where the context admits, includes the land;.

Textual Amendments

F1Sch. 12 para. 39(3)(c)(6) and word preceding para. 39(3)(c) repealed (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 128(2), 129(5)(b)(c), sch. 15 (with ss. 119, 121)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government 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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources