http://www.legislation.gov.uk/asp/2003/9/contents/enactedTitle Conditions (Scotland) Act 2003Primary health careKing's Printer for Scotland2022-10-18 Title Conditions (Scotland) Act 2003s. 46(1)National Health Service Reform (Scotland) Act 2004sch. 2s. 12(1)Title Conditions (Scotland) Act 2003s. 46(2)National Health Service Reform (Scotland) Act 2004sch. 2s. 12(1)Title Conditions (Scotland) Act 2003s. 46(3)National Health Service Reform (Scotland) Act 2004sch. 2s. 12(1) Title Conditions (Scotland) Act 2003 Part 1Real burdens: generalMeaning and creation1The expression “real burden”2Affirmative, negative and ancillary burdens3Other characteristics4Creation5Further provision as respects constitutive deed6Further provision as respects creationDuration, enforceability and liability7Duration8Right to enforce9Persons against whom burdens are enforceable10Affirmative burdens: continuing liability of former owner11Affirmative burdens: shared liabilityDivision of benefited or burdened property12Division of a benefited property13Division of a burdened propertyConstruction14ConstructionExtinction15Discharge16Acquiescence17Further provision as regards extinction where no interest to enforce18Negative prescription19Confusio not to extinguish real burdenTermination20Notice of termination21Intimation22Oath or affirmation before notary public23Prerequisite certificate for registration of notice of termination24Effect of registration of notice of termination Part 2Community burdensMeaning, creation etc.25The expression “community burdens”26Creation of community burdens: supplementary provision27Effect on units of statement that burdens are community burdensManagement of community28Power of majority to appoint manager etc.29Power of majority to instruct common maintenance30Owners' decision binding31Remuneration of managerVariation, discharge etc.32The expressions “affected unit” and “adjacent unit”33Majority etc. variation and discharge of community burdens34Variation or discharge under section 33: intimation35Variation and discharge of community burdens by owners of adjacent units36Variation and discharge under section 35: intimation37Preservation of community burden in respect of which deed of variation or discharge has been granted as mentioned in section 35(1) Part 3Conservation and other personal real burdensConservation burdens38Conservation burdens39Assignation40Enforcement where no completed title41Completion of title42Extinction of burden on body ceasing to be conservation bodyRural housing burdens43Rural housing burdensMaritime burdens44Maritime burdensEconomic development burdens45Economic development burdensHealth care burdens46Health care burdensGeneral47Interest to enforce48Discharge Part 4Transitional: implied rights of enforcementExtinction of implied rights of enforcement49Extinction50Preservation51Duties of Keeper: amendments relating to unenforceable real burdensNew implied rights of enforcement52Common schemes: general53Common schemes: related properties54Sheltered housing55Grant of deed of variation or discharge of community burdens relating to sheltered or retirement housing: community consultation notice56Facility burdens and service burdens57Further provisions as respects rights of enforcement58Duty of Keeper to enter on title sheet statement concerning enforcement rights Part 5Real burdens: miscellaneous59Effect of extinction etc. on court proceedings60Grant of deed where title not completed: requirements61Contractual liability incidental to creation of real burden62Real burdens of combined type63Manager burdens64Overriding power to dismiss and appoint manager65Manager: transitory provisions66The expression “related properties”67Discharge of rights of irritancy68Requirement for repetition etc. of terms of real burden in future deed69Further provision as respects deeds of variation and of discharge70Duty to disclose identity of owner Part 6Development management scheme71Development management scheme72Application of other provisions of this Act to rules of scheme73Disapplication74Intimation of proposal to register deed of disapplication Part 7ServitudesPositive servitudes75Creation of positive servitude by writing: deed to be registered76Disapplication of requirement that positive servitude created in writing be of a known type77Positive servitude of leading pipes etc. over or under land78Discharge of positive servitudeNegative servitudes79Prohibition on creation of negative servitudeTransitional80Negative servitudes to become real burdens81Certain real burdens to become positive servitudes Part 8Pre-emption and reversionPre-emption82Application and interpretation of sections 83 and 8483Extinction following pre-sale undertaking84Extinction following offer to sell85Ending of council’s right of pre-emption as respects certain churchesReversion86Reversions under School Sites Act 184187Right to petition under section 7 of Entail Sites Act 184088Prescriptive period for obligations arising by virtue of 1841 Act or 1840 Act89Repeal of Reversion Act 1469 Part 9Title conditions: powers of Lands Tribunal90Powers of Lands Tribunal as respects title conditions91Special provision as to variation or discharge of community burdens92Early application for discharge: restrictive provisions93Notification of application94Content of notice95Persons entitled to make representations96Representations97Granting unopposed application for discharge or renewal of real burden98Granting other applications for variation, discharge, renewal or preservation of title condition99Granting applications as respects development management schemes100Factors to which the Lands Tribunal are to have regard in determining applications etc.101Regulation of applications to Lands Tribunal102Referral to Lands Tribunal of notice dispute103Expenses104Taking effect of orders of Lands Tribunal etc. Part 10MiscellaneousConsequential alterations to Land Register105Alterations to Land Register consequential upon registering certain deedsCompulsory acquisition of land106Extinction of real burdens and servitudes etc. on compulsory acquisition of land107Extinction of real burdens and servitudes etc. where land acquired by agreementAmendments108Amendment of Church of Scotland (Property and Endowments) (Amendment) Act 1933109Amendment of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947110Amendment of Forestry Act 1967111Amendment of Conveyancing and Feudal Reform (Scotland) Act 1970112Amendment of Land Registration (Scotland) Act 1979113Amendment of Enterprise and New Towns (Scotland) Act 1990114Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 2000Miscellaneous115Further provision as respects notices of preservation or of converted servitude116Benefited property outwith Scotland117Pecuniary real burdens118Common interest Part 11Savings, transitional and generalSavings and transitional provisions etc.119Savings and transitional provisions etc.General120Requirement for dual registration121Crown application122Interpretation123The expression “owner”124Sending125References to distance126Fees chargeable by Lands Tribunal in relation to functions under this Act127Orders, regulations and rules128Minor and consequential amendments, repeals and power to amend forms129Short title and commencement SCHEDULE 1Form importing terms of title conditions SCHEDULE 2Form of notice of termination SCHEDULE 3Form of affixed notice relating to termination SCHEDULE 4Form of notice of proposal to register deed of variation or discharge SCHEDULE 5Further form of notice of proposal to register deed of variation or discharge of community burden: sent version SCHEDULE 6Further form of notice of proposal to register deed of variation or discharge of community burden: affixed version SCHEDULE 7Form of notice of preservation SCHEDULE 8Community consultation notice SCHEDULE 9Form of notice of converted servitude SCHEDULE 10Form of undertaking SCHEDULE 11Title conditions not subject to discharge by Lands Tribunal1An obligation, however constituted, relating to the right to work...2In so far as enforceable by or on behalf of—...3An obligation created or imposed in or in relation to... SCHEDULE 12Form of application for relevant certificate SCHEDULE 13Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 20001The 2000 Act shall be amended in accordance with the...2In section 17 (extinction of superior’s rights)— 3In section 18 (reallotment of real burden by nomination of...4In section 20 (reallotment of real burden by order of...5In section 25 (counter-obligations on reallotment)— (a) for the words...6In section 27 (notice preserving right to enforce conservation burden)—...7In section 42 (further provision as respects certain sections of...8In section 43 (notices and agreements under certain sections: extent...9In section 46(2) (discretion of Keeper in relation to entries...10In section 49 (interpretation of Part 4)— 11In section 54 (extinction of superior’s rights and obligations qua...12In section 56 (extinction etc. of certain payments analogous to...13In section 73 (feudal terms in enactments and documents: construction...14In section 75 (saving for contractual rights) the existing words...15In section 77 (short title and commencement)— 16After schedule 5 there shall be inserted— SCHEDULE 5A Form...17In schedule 8 (form of notice preserving conservation body’s or...18After schedule 8 there shall be inserted— SCHEDULE 8A Form...19After schedule 11 there shall be inserted— SCHEDULE 11A Form...20In schedule 12 (minor and consequential amendments), in paragraph 9(17),... SCHEDULE 14Minor and consequential amendments1Registration of Leases (Scotland) Act 1857 (c. 26)2Titles to Land Consolidation (Scotland) Act 1868 (c. 101)3Conveyancing (Scotland) Act 1924 (c. 27)4Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35)5Prescription and Limitation (Scotland) Act 1973 (c. 52)6Land Tenure Reform (Scotland) Act 1974 (c. 38)7Land Registration (Scotland) Act 1979 (c. 33)8Ancient Monuments and Archaeological Areas Act 1979 (c. 46)9Health and Social Services and Social Security Adjudications Act 1983 (c. 41)10Further and Higher Education (Scotland) Act 1992 (c. 37)11Crofters (Scotland) Act 1993 (c. 44)12Standards in Scotland’s Schools etc. Act 2000 (asp 6)13Mortgage Rights (Scotland) Act 2001 (asp 11) SCHEDULE 15Repeals 2003 asp 9 An Act of the Scottish Parliament to make further provision as respects real burdens, servitudes and certain other obligations affecting land; to amend the law relating to the ranking of standard securities; and for connected purposes. The Bill for this Act of the Scottish Parliament was passed by the Parliament on 26th February 2003 and received Royal Assent on 3rd April 2003