Long Leases (Scotland) Act 2012

Long Leases (Scotland) Act 2012

2012 asp 9

Part 2: Conversion of Certain Leasehold Conditions to Real Burdens

Conversion of conditions to burdens

Section 17: Conversion by agreement

76. This section allows the “entitled person” (as defined in section 13(4)) to enter into an agreement with the tenant of the qualifying lease for the purpose of converting a qualifying condition into a real burden in favour of neighbouring land. The entitled person is usually the landlord (of the qualifying lease or a superior lease) but in some circumstances is a neighbour. An attempt to reach agreement is a prerequisite to an application under section 21 for an order from the Lands Tribunal dispensing with the need for any of the conversion conditions set out in section 14(4) to be satisfied.

77. Subsection (1) requires a notice to be served on the tenant under the qualifying lease as a preliminary to the agreement.

78. Subsections (2) and (3) determine what land may be nominated as a benefited property.

79. Subsection (4) sets out the content of the notice. Further provision as to counter-obligations (paragraph (f)) is made in section 34.

80. Subsection (5) allows the parties to the agreement to modify the terms of the qualifying condition or any counter-obligation.

81. Subsection (6) regulates the form and content of the agreement.

82. Subsection (7) provides that this section is subject to section 36, which lays down further provision for notices and agreements.