Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)

Valid from 04/04/2003

PART 4 S REAL BURDENS

Prospective

Conservation burdens S

Valid from 01/11/2003

[F1 28A Effect of section 27A nomination S

If a notice has been executed and registered in accordance with section 27A of this Act and, immediately before the appointed day, the burden to which the notice relates is still enforceable by the nominating person as superior (or by such person as is his successor) or would be so enforceable, or still so enforceable, were the person in question to complete title to the dominium directum then, on and after the appointed day, the conservation body or as the case may be the Scottish Ministers shall—

(a) subject to any counter-obligation, have title to enforce the burden against the land to which the notice in question relates; and

(b) be presumed to have an interest to enforce that burden.]

Textual Amendments

F1 S. 28A inserted (1.11.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 114(4), 129(3) (with ss. 119, 121); S.S.I. 2003/455, art. 2(a)