Explanatory Notes

Abolition of Feudal Tenure etc. (Scotland) Act 2000

2000 asp 5

14 July 2000

Explanatory Notes

Commentary on Sections

Part 4: Real Burdens
Section 29: Assignation of right to conservation burden

126.Since a conservation burden is a burden in favour of a legal person and not land, there is no reason why a conservation burden cannot be assigned by its holder, provided that the assignee is another conservation body or the Scottish Ministers. Section 29 provides that the benefit of a conservation burden can be assigned to another conservation body or the Scottish Ministers and assignation will be completed by registration in the Land Register or recording in the Register of Sasines. It is not necessary to intimate to the owner of the burdened property that assignation has taken place.