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Land Registration (Scotland) Act 1979

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This is the original version (as it was originally enacted).

28Interpretation, etc.

(1)In this Act, except where the context otherwise requires—

  • " deed " has the meaning assigned to it by section 3 of the Titles to Land Consohdation (Scotland) Act 1868, section 3 of the Conveyancing (Scotland) Act 1874 and section 2 of the Conveyancing (Scotland) Act 1924;

  • " feu" includes blench holding and cognate expressions shall be construed accordingly ;

  • "heritable security" has the same meaning as in section 9(8) of the Conveyancing and Feudal Reform (Scotland) Act 1970;

  • " incorporeal heritable right" does not include a right to salmon fishings;

  • " interest in land " means any estate, interest, servitude or other heritable right in or over land, including a heritable security but excluding a lease which is not a long lease;

  • " the Keeper " has the meaning assigned by section 1(2) of this Act;

  • " land" includes buildings and other structures and land covered with water;

  • " long lease " means a probative lease—

    (a)

    exceeding 20 years ; or

    (b)

    which is subject to any provision whereby any person holding the interest of the grantor is under a future obligation, if so requested by the grantee, to renew the lease so that the total duration could (in terms of the lease, as renewed, and without any subsequent agreement, express or implied, between the persons holding the interests of the grantor and the grantee) extend for more than 20 years;

  • " overriding interest" means, subject to sections 6(4) and 9(4) of this Act, in relation to any interest in land, the right or interest over it of—

    (a)

    the lessee under a lease which is not a long lease;

    (b)

    the lessee under a long lease who, prior to the commencement of this Act, has acquired a real right to the subjects of the lease by virtue of possession of them ;

    (c)

    a crofter or cottar within the meaning of section 3 or 28(4) respectively of the Crofters (Scotland) Act 1955, or a landholder or statutory small tenant within the meaning of section 2(2) or 32(1) respectively of the Small Landholders (Scotland) Act 1911 ;

    (d)

    the proprietor of the dominant tenement in a servitude;

    (e)

    the Crown or any Government or other public department, or any public or local authority, under any enactment or rule of law, other than an enactment or rule of law authorising or requiring the recording of a deed in the Register of Sasines or registration in order to complete the right or interest;

    (f)

    the holder of a floating charge whether or not the charge has attached to the interest;

    (g)

    a member of the public in respect of any public right of way or in respect of any right held inalienably by the Crown in trust for the public;

    (h)

    any person, being a right which has been made real, otherwise than by the recording of a deed in the Register of Sasines or by registration; or

    (i)

    any other person under any rule of law relating to common interest or joint or common property, not being a right or interest constituting a real right, burden or condition entered in the title sheet of the interest in land under section 6(1)(e) of this Act or having effect by virtue of a deed recorded in the Register of Sasines, but does not include any subsisting burden or condition enforceable against the interest in land and entered in its title sheet under section 6(1) of this Act; "the register" and "registered" have the meanings assigned to them respectively by subsections (1) and (3) of section 1 of this Act;

  • " Register of Sasines " has the same meaning as in section 2 of the Conveyancing (Scotland) Act 1924;

  • " transfer " includes transfer by operation of law.

(2)This Act shall be deemed, for the purposes of the Scotland Act 1978, to have been passed before that Act.

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