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Title Conditions (Scotland) Act 2003

Section 44: Maritime burdens

200.Section 44 allows the creation of new maritime burdens. Subsection (1)states that it is only competent to create a maritime burden in favour of the Crown and over land which is part of the seabed or the foreshore. It is possible for conservation burdens to be created over foreshore sold by bodies other than the Crown.

201.Subsection (2) applies both to new maritime burdens created under subsection (1), and also to former feudal burdens which survive under section 60(1) of the 2000 Act (see the definition of ‘maritime burden’ in section 122(1)). Its effect is to prevent alienation by the Crown.

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