Long Leases (Scotland) Act 2012 (asp 9)

Part 2 S Conversion of certain leasehold conditions to real burdens

Conversion of conditions to burdens S

20 Conversion by agreement: title not completed S

(1) Subsection (2) applies for the purposes of section 17 where—

(a) the entitled person has not completed title to—

(i) the property by virtue of which such person is entitled to enforce a qualifying condition, or

(ii) the land nominated as a benefited property, and

(b) section 101 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (circumstances where unnecessary to deduce title) does not apply.

(2) The entitled person may enter into an agreement under section 17 only if in the agreement the entitled person deduces title from the person who appears in the Register of Sasines as having the last recorded title to the interest in question.

(3) Subsection (4) applies for the purposes of section 17 where—

(a) the tenant has not completed title to the qualifying lease, and

(b) section 101 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (circumstances where unnecessary to deduce title) does not apply.

(4) The tenant may enter into an agreement under section 17 only if in the agreement the tenant deduces title from the person who appears in the Register of Sasines as having the last recorded title to the interest in question.

Commencement Information

I1 S. 20 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)