S
Explanatory Note
(This explanation has no legal effect)
This notice is sent by your feudal superior.
At present the use of your property is subject to certain burdens and conditions enforceable by the feudal superior. The feudal system is shortly to be abolished. [By the regulations mentioned in the notice, the Scottish Ministers have prescribed that your superior should be a conservation body. Such a body is entitled to enforce certain real burdens (referred to prospectively as (“conservation burdens”.] or [The feudal superior is the Scottish Ministers and it is intended that they shall enforce certain real burdens (referred to prospectively as (“conservation burdens”F1. . . .] These are burdens which have been imposed in the public interest for the preservation or protection either of architectural or historic characteristics of land or of some other special characteristic of land derived from the flora, fauna, or general appearance of the land. By this notice [the conservation body is] [the Scottish Ministers are] claiming the right to continue to enforce a conservation burden, not as superior but [in its capacity as a conservation body] [in their capacity as the Scottish Ministers]. The notice, if it is registered in the Land Register of Scotland or recorded in the Register of Sasines under section 27 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, will allow the burden and conditions to be so enforced after the feudal system has been abolished.
Textual Amendments
F1Sch. 8 Explanatory Note: words repealed (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 128(2), 129(5)(b)(c), sch. 15 (with ss. 119, 121)
If you think that there is a mistake in this notice or if you wish to challenge it, you are advised to consult your solicitor or other adviser.