Explanatory Notes

Title Conditions (Scotland) Act 2003

2003 asp 9

3 April 2003

Commentary on Sections

Part 7: Servitudes

Section 77: Positive servitude of leading pipes etc. over or under land

320.There has been a doubt over whether a right to lead a pipe, cable, wire or other such enclosed unit over land could be constituted as a positive servitude. Section 77 deems this always to have been the case. Pipeline servitude is to be included in the fixed list of servitudes.