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Royal arms

Abolition of Feudal Tenure etc. (Scotland) Act

2000 asp 5

CONTENTS

  1. PART 1

    ABOLITION OF FEUDAL TENURE

    1. 1. Abolition on appointed day

    2. 2. Consequences of abolition

    3. 3. Amendment of Land Registration (Scotland) Act 1979

  2. PART 2

    LAND TRANSFERS ETC. ON AND AFTER APPOINTED DAY

    1. 4. Ownership of land

    2. 5. Form of application for recording deed in Register of Sasines

    3. 6. Deduction of title for unregistered land etc.

  3. PART 3

    FEUDUTIES

    1. Extinction of feuduties

      1. 7. Extinction on appointed day

      2. 8. Requiring compensatory payment

      3. 9. Calculation of amount of compensatory payment

      4. 10. Making compensatory payment by instalments

      5. 11. Service under section 8(1)

      6. 12. Extinction by prescription of requirement to make compensatory payment

    2. Arrears

      1. 13. Arrears of feuduty etc.

    3. Disclosure

      1. 14. Duty of collecting third party to disclose information

      2. 15. Duty to disclose identity etc. of former vassal

    4. Interpretation

      1. 16. Interpretation of Part 3

  4. PART 4

    REAL BURDENS

    1. Extinction of superior’s rights

      1. 17. Extinction of superior’s rights

    2. Reallotment etc.

      1. 18. Reallotment of real burden by nomination of new dominant tenement

      2. 19. Reallotment of real burden by agreement

      3. 20. Reallotment of real burden by order of Lands Tribunal

      4. 21. Manner of dealing with application under section 20

      5. 22. Amendment of Tribunals and Inquiries Act 1992

      6. 23. Reallotment of real burden affecting facility of benefit to other land etc.

      7. 24. Interest to enforce real burden

      8. 25. Counter-obligations on reallotment

    3. Conservation burdens

      1. 26. Conservation bodies

      2. 27. Notice preserving right to enforce conservation burden

      3. 28. Enforcement of conservation burden

      4. 29. Assignation of right to conservation burden

      5. 30. Deduction of title for conservation burden

      6. 31. Extinction of burden on body ceasing to be conservation body

      7. 32. No standard security over conservation burden

    4. Compensation

      1. 33. Notice reserving right to claim compensation where land subject to development value burden

      2. 34. Transmissibility of right to claim compensation

      3. 35. Claiming compensation

      4. 36. Service under section 35(3)

      5. 37. Amount of compensation

      6. 38. Duty to disclose identity of owner

      7. 39. The expression “owner” for purposes of sections 35 to 38

      8. 40. Assignation, discharge, or restriction, of reserved right to claim compensation

    5. Miscellaneous

      1. 41. Notices: pre-registration requirements etc.

      2. 42. Further provision as respects sections 18 to 20, 27 and 33

      3. 43. Notices and agreements under certain sections: extent of Keeper’s duty

      4. 44. Referral to Lands Tribunal of notice dispute

      5. 45. Circumstances where certain notices may be registered after appointed day

      6. 46. Duties of Keeper: amendments relating to the extinction of certain real burdens

      7. 47. Extinction of counter-obligation

      8. 48. No implication as to dominant tenement where real burden created in grant in feu

    6. Interpretation

      1. 49. Interpretation of Part 4

  5. PART 5

    ENTAILS

    1. 50. Disentailment on appointed day

    2. 51. Compensation for expectancy or interest of apparent or other nearest heir in an entailed estate

    3. 52. Closure of Register of Entails

  6. PART 6

    MISCELLANEOUS

    1. Discharge of certain rights and extinction of certain obligations and payments

      1. 53. Discharge of rights of irritancy

      2. 54. Extinction of superior’s rights and obligations qua superior

      3. 55. Abolition of thirlage

      4. 56. Extinction etc. of certain payments analogous to feuduty

      5. 57. Extinction by prescription of obligation to pay redemption money for feuduty, ground annual etc.

    2. The Crown, the Lord Lyon and Barony

      1. 58. Crown application

      2. 59. Crown may sell or otherwise dispose of land by disposition

      3. 60. Preserved right of Crown to maritime burdens

      4. 61. Mines of gold and silver

      5. 62. Jurisdiction and prerogative of Lord Lyon

      6. 63. Baronies and other dignities and offices

    3. Kindly Tenants of Lochmaben

      1. 64. Abolition of Kindly Tenancies

    4. Miscellaneous

      1. 65. Creation of proper liferent

      2. 66. Obligation to make title deeds and searches available

      3. 67. Prohibition on leases for periods of more than 175 years

      4. 68. Certain applications to Sheriff of Chancery

      5. 69. Application of 1970 Act to earlier forms of heritable security

      6. 70. Ownership of land by a firm

  7. PART 7

    GENERAL

    1. 71. The appointed day

    2. 72. Interpretation

    3. 73. Feudal terms in enactments and documents: construction after abolition of feudal system

    4. 74. Orders, regulations and rules

    5. 75. Saving for contractual rights

    6. 76. Minor and consequential amendments, repeals and power to amend or repeal enactments

    7. 77. Short title and commencement

    1. Schedule 1

      Form of notice requiring compensatory payment etc.: cumulo feuduty

    2. Schedule 2

      Form of notice requiring compensatory payment etc.: ordinary case

    3. Schedule 3

      Form of instalment document

    4. Schedule 4

      Procedures as to service under section 8(1)

    5. Schedule 5

      Form of notice prospectively nominating dominant tenement

    6. Schedule 6

      Form of notice seeking agreement to the prospective nomination of a dominant tenement

    7. Schedule 7

      Form of notice intimating application to Lands Tribunal under section 20(1)

    8. Schedule 8

      Form of notice preserving conservation body’s or Scottish Ministers' right to real burden

    9. Schedule 9

      Form of notice reserving right to compensation in respect of extinction of development value burden

    10. Schedule 10

      Procedures as to service under section 35(3)

    11. Schedule 11

      Form of assignation, discharge or restriction of reserved right to claim compensation

    12. Schedule 12

      Minor and consequential amendments

      1. Part 1

        Minor and consequential amendments: general

      2. Part 2

        Minor and consequential amendments relating to the National Trust for Scotland

    13. Schedule 13

      Repeals

      1. Part 1

        Repeals: general

      2. Part 2

        Repeals relating to the National Trust for Scotland

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 3rd May 2000 and received Royal Assent on 9th June 2000.

An Act of the Scottish Parliament to abolish the feudal system of land tenure; to abolish a related system of land tenure; to make new provision as respects the ownership of land; to make consequential provision for the extinction and recovery of feuduties and of certain other perpetual periodical payments and for the extinction by prescription of any obligation to pay redemption money under the Land Tenure Reform (Scotland) Act 1974; to make further provision as respects real burdens affecting land; to provide for the disentailment of land; to discharge all rights of irritancy held by superiors; to abolish the obligation of thirlage; to prohibit with certain exceptions the granting of leases over land for periods exceeding 175 years; to make new provision as respects conveyancing; to enable firms with separate personality to own land; and for connected purposes.

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