Explanatory Notes

Abolition of Feudal Tenure etc. (Scotland) Act 2000

2000 asp 5

14 July 2000

Explanatory Notes

Commentary on Sections

Part 4: Real Burdens
Section 44: Referral to Lands Tribunal of notice dispute

160.This section gives the Lands Tribunal for Scotland a broad jurisdiction to resolve disputes in relation to notices. The proposition that notices should be judicially challengeable is particularly important in the case of compensation notices, which depend on subjective assertions which are difficult to prove or disprove in the absence of extrinsic evidence. A compensation notice will be accepted for registration by the Keeper without consideration of its merits.

161.Subsection (2) gives jurisdiction in relation to claims for compensation following the extinction of development value burdens.

162.Subsection (3) makes it clear that the burden of proof will be on the person relying on the notice or making the claim for compensation.

163.Subsection (4) allows the registration of an extract of a Lands Tribunal order in the property registers and makes it clear that, on registration, they will affect third parties.