Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

3 Creation of real conditions in assignations of certain long leases

—Section 3 of the [1857 c. 26.] Registration of Leases (Scotland) Act 1857 (assignations of recorded leases) shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted the following subsections—

“(2) Notwithstanding—

(a) any restriction imposed by subsection (1) above on the power under that subsection to assign such a lease; or

(b) any rule of law to the contrary,

it shall be, and shall be deemed always to have been, competent in an assignation under this section to impose conditions and make stipulations which, upon the recording of such assignation or the registration under the Land Registration (Scotland) Act 1979 of the assignee's interest, shall be as effectual against any singular successor of the assignee in the subjects assigned as if such assignee had been a grantee of the lease and it had been duly recorded or, as the case may be, the grantee's interest had been so registered.

(3) Nothing in subsection (2) above makes effectual against any successor of the assignee any obligation of periodical payment other than a payment—

(a) of rent or of an apportionment of rent;

(b) in defrayal of a contribution towards some continuing cost related to the lands and heritages subject to the lease assigned ; or

(c) under a heritable security.

(4) A provision in an assignation which purports to make effectual against any successor of the assignee any obligation of periodic payment other than one specified in paragraphs (a) to (c) of subsection (3) above shall not render the deed void or unenforceable, but the assignation shall have, and shall be deemed always to have had, effect only to the extent (if any) that it would have had effect if it had not imposed such obligation.

(5) Section 32 of the [1874 c. 94.] Conveyancing (Scotland) Act 1874 (which enables reservations, conditions, covenants etc. affecting lands to be effectually imported into one deed by reference to another) and section 17 of the [1979 c. 33.] Land Registration (Scotland) Act 1979 (which provides that certain obligations in deeds of conditions shall become real obligations upon the recording of the deed or registration of the obligation) shall, with the necessary modifications, respectively apply for the purposes of enabling conditions and stipulations to be effectually imported into any assignation under this section and enabling land obligations in a deed of conditions relating to the land subject to the assignation to become real obligations affecting the land.

In this subsection " land obligation " has the meaning assigned to it by section 1(2) of the [1970 c. 35.] Conveyancing and Feudal Reform (Scotland) Act 1970.”