Part 3

Conservation and other personal real burdens

Conservation burdens

Completion of title
41
Where the holder of a conservation burden does not have a completed title—
a
title may be completed by the holder registering a notice of title; or
b
without completing title, the holder may grant—
i
under section 39 of this Act, a deed assigning the right to the burden; or
ii
under section 48 of this Act, a deed discharging, in whole or in part, the burden,
but unless the deed is one to which section 101 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (circumstances where unnecessary to deduce title) applies, it shall be necessary, in the deed, to deduce title to the burden through the midcouples linking the holder to the person who had the last completed title.
Words in s. 41(b) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 43(3) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2