2 Prohibition of new ground annuals and other periodical payments from land.S
(1)No deed executed after the commencement of this Act shall impose ground annual, skat or any other periodical payment F1... in respect of the tenure or use of land or under a [F2title condition], not being a payment in respect of a lease, liferent or other right of occupancy, F1... a payment in defrayal of or contribution towards some continuing cost related to the land, or a payment under a heritable security.
(2)A provision in a deed executed after such commencement which purports to impose any payment to which subsection (1) above applies shall not render the deed void or unenforceable, but the deed shall have effect only to the extent (if any) that it would have had effect under the law in force before such commencement if it had not imposed any such payment.
[F3(3) In subsection (1) above, “ title condition ” has the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9). ]
Textual Amendments
F1Words in s. 2 repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F2Words in s. 2(1) substituted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 para. 6(a) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)
F3S. 2(3) added (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), Sch. 14 para. 6(b) (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)