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Land Reform (Scotland) Act 2003

Section 58: Procedure where right to buy activated under section 50(3)

203.Section 50 provides for the activation of the right to buy where land in which a community body has registered, or applied to register, an interest has been transferred in breach of this Part of the Act. This section sets out the procedure for acquiring the land where the right to buy has arisen as a result of such a breach.

204.Subsections (2) to (6) outline the procedure for buying in place of the procedure under sections 56 and 57. It is for the community body to ensure that any necessary transfer documents are prepared, and that land being transferred is the same as that which is subject to the right to buy.

205.Subsection (3) states that the price is to be equal to the value assessed by the appointed valuer (subject to a right of appeal).

206.Subsection (4) requires the owner of the land to provide the documents needed for the transfer, and to transfer the land in question to the community body.

207.Where the owner of the land fails to co-operate, or where documents cannot be found, subsection (5) provides for the Lands Tribunal, at the request of the community body, to order the owner or such person as may hold the documents to produce them.

208.Subsection (6) provides that if the owner of the land fails to transfer the land to the community body, then the community body may apply to the Lands Tribunal for an order allowing its principal clerk to execute the conveyance and other documents.

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