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Conveyancing and Feudal Reform (Scotland) Act 1970

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This is the original version (as it was originally enacted).

Section 1.

SCHEDULE 1Land obligations not subject to variation or discharge under section 1

1An obligation to pay feuduty, ground annual, rent, skat, dry multure, teind, stipend, standard charge or other payment of a like nature, or an obligation of relief relating to any such payment.

2An obligation, however constituted, relating to the right to work minerals or to any ancillary right in relation to minerals within the meaning of section 2 of the [1966 c. 4.] Mines (Working Facilities and Support) Act 1966.

3An obligation imposed by or on behalf of the Crown for the protection of any royal park, garden or palace.

4An obligation created or imposed—

(i)for naval, military or air force purposes;

(ii)for civil aviation purposes under the powers conferred by section 19 or 23 of the [1949 c. 67.] Civil Aviation Act 1949 or any enactment replaced thereby:

Provided that this paragraph—

(i)shall exclude the application of section 1 of this Act to an obligation falling within sub-paragraph (i) above, and not created or imposed in connection with the use of any land as an aerodrome, only so long as the obligation is enforceable by or on behalf of the Crown; and

(ii)shall exclude the application of section 1 of this Act to an obligation falling within sub-paragraph (ii) above, or created or imposed in connection with the use of any land as an aerodrome, only so long as the obligation is enforceable by or on behalf of the Crown or any public or international authority.

5An obligation created or imposed in or in relation to a lease of—

(a)an agricultural holding, within the meaning of the [1949 c. 75.] Agricultural Holdings (Scotland) Act 1949;

(b)a holding, within the meaning of the Small Landholders (Scotland) Acts 1886 to 1931; or

(c)a croft, within the meaning of the [1955 c. 21.] Crofters (Scotland) Act 1955.

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