- Latest available (Revised)
- Original (As enacted)
Abolition of Feudal Tenure etc. (Scotland) Act 2000, SCHEDULE 8A is up to date with all changes known to be in force on or before 05 December 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.
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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(introduced by section 27A(1))
Textual Amendments
F1Sch. 8A inserted (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 114(6), 129(3) {sch. 13 para. 18}, (with ss. 119, 121)
S
Superior:
Nominee (being a conservation body or the Scottish Ministers):
(see note for completion 1)
Description of land subject to the real burden:
(see note for completion 2)
Terms of real burden:
(see note for completion 3)
Any counter-obligation:
(see note for completion 3)
Title to the superiority:
(see notes for completion 4 and 5)
Service:
(see note for completion 6)
Signature of superior: | Signature of consenting nominee: |
(see note for completion 7) | (see note for completion 8) |
Signature of superior’s witness: | Signature of nominee’s witness: |
Name and address of witness: | Name and address of witness: |
Date: .”
(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. The feudal superior intends to nominate a conservation body or the Scottish Ministers to have title to enforce certain of those burdens (referred to prospectively as “conservation burdens”) when he ceases to have such title. 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 virtue of this notice the nominee would have the right to enforce a conservation burden in the capacity of conservation body or of the Scottish Ministers, as the case may be. The notice, if it is registered in the Land Register of Scotland or recorded in the Register of Sasines under section 27A of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, will allow the burden to be so enforced after the feudal system has been abolished.
If you think there is a mistake in this notice or if you wish to challenge it, you are advised to consult your solicitor or other adviser.
(These notes have no legal effect)
1SIn the case of a conservation body, insert the year and number of the relevant statutory instrument and the name and address of that body.
2SDescribe the land in a way that is sufficient to enable the Keeper to identify it by reference to the Ordnance Map. Where the title to the land has been registered in the Land Register the description should refer to the title number of the land or of the larger subjects of which the land forms part. Otherwise it should normally refer to and identify a deed recorded in a specified division of the Register of Sasines.
3SSpecify by reference to the appropriate Register the deed or deeds in which the real burden or counter-obligation was imposed. Set out the real burden or counter-obligation in full or refer to the deed in such a way as to identify the real burden or counter-obligation.
4SWhere the title has been registered in the Land Register of Scotland and the superior is—
(a)infeft, specify the title number;
(b)uninfeft, specify the title number and set out the midcouples or links between the person last infeft and the superior so as sufficiently to identify them.
5SWhere the title has not been registered in the Land Register and the superior—
(a)has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title;
(b)does not have a recorded title, either—
(i)specify by reference to the Register of Sasines the deed constituting the immediate title of the person last infeft and set out the midcouples or links between the person last infeft and the superior so as sufficiently to identify them; or
(ii)if there is no such deed, specify the nature of the superior’s title.
6SDo not complete until a copy of the notice has been sent to the owner of the land subject to the burden (except in a case where this is not reasonably practicable). Then insert whichever is applicable of the following:
“The superior has sent a copy of this notice by [specify whether by recorded delivery or registered post or by ordinary post] on [date of posting] to the owner of the land subject to the real burden at [state address].”; or
“It has not been reasonably practicable to send a copy of this notice to the owner of the land subject to the real burden for the following reason: [specify the reason].”
7SThe notice should not be signed by the superior until a copy of it has been sent (or otherwise) as mentioned in note 6.
8SThe nominee should sign, so as to indicate consent, before that copy is sent (or otherwise) as so mentioned.]
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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?
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: