Explanatory Notes

Long Leases (Scotland) Act 2012

2012 asp 9

7 August 2012

Part 2: Conversion of Certain Leasehold Conditions to Real Burdens

Overview of Part 2 of the Act

51.Part 2 provides a scheme for the conversion of certain leasehold conditions into real burdens. Once the conditions have been converted they become subject to the law on real burdens. The law on real burdens is primarily contained in the Title Conditions (Scotland) Act 2003. Section 1 of the 2003 Act outlines what real burdens are. Generally, a real burden is an encumbrance on land constituted in favour of the owner of other land in that person’s capacity as owner of that other land. However, personal real burdens are burdens constituted in favour of a person other than by reference to the person’s capacity as owner of any land.