Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Abolition of Feudal Tenure etc. (Scotland) Act 2000

Type Act of the Scottish Parliament

Publication 2000-06-09

Last updated 2025-06-16

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Note 1.—The security subjects shall be described sufficiently to identify them; but this note is without prejudice to any additional requirement imposed as respects any register. .

(b) in note 2—

(i) the words “ground annual or” shall cease to have effect; and

(ii) for the word “infeftment” substitute “ recorded title ”; and

(i) for the words “has been infeft in” substitute “ has a recorded title to ”;

(ii) for the words “has not previously been infeft in” substitute “ does not have a recorded title to ”;

(iii) the words “ground annual or” shall cease to have effect;

(iv) for the words “last infeft in” substitute “ who last had a recorded title to ”; and

(v) for the word “infeftment” substitute “ recorded title ”.

(24) In Schedule 3 (the standard conditions), in condition 10(3), the words “feuduties, ground annuals or, as the case may be,” shall cease to have effect.

(25) In the Notes to Schedule 4 (which relates to forms of deeds of assignation and of restriction etc.), in note 3, for the words “infeftment upon a standard security has been taken” substitute “ title to a standard security has been completed ”.

(26) In schedule 8 (excluded enactments), paragraphs 2, 3, 7 to 14, 16 and 17, 18 to 22, 24 and 26 to 30 shall cease to have effect.

Agriculture Act 1970 (c. 40)

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing (Financial Provisions) (Scotland) Act 1972 (c. 46)

32

In section 78(1) of the Housing (Financial Provisions) (Scotland) Act 1972 (interpretation), in the definition of “land”, for the word “estate” substitute “ right ”.

Prescription and Limitation (Scotland) Act 1973 (c. 52)

33

(1) The Prescription and Limitation (Scotland) Act 1973 shall be amended in accordance with this paragraph.

(2) For sections 1 and 2 there shall be substituted—

(1) (1) If land has been possessed by any person, or by any person and his successors, for a continuous period of ten years openly, peaceably and without any judicial interruption and the possession was founded on, and followed— (a) the recording of a deed which is sufficient in respect of its terms to constitute in favour of that person a real right in— (i) that land; or (ii) land of a descriptionhabile to include that land; or (b) registration of a real right in that land, in favour of that person, in the Land Register of Scotland, subject to an exclusion of indemnity under section 12(2) of the Land Registration (Scotland) Act 1979 (c.33), then, as from the expiry of that period, the real right so far as relating to that land shall be exempt from challenge. (2) Subsection (1) above shall not apply where— (a) possession was founded on the recording of a deed which is invalidex facie or was forged; or (b) possession was founded on registration in the Land Register of Scotland proceeding on a forged deed and the person appearing from the Register to have the real right in question was aware of the forgery at the time of registration in his favour. (3) In subsection (1) above, the reference to a real right is to a real right which is registrable in the Land Register of Scotland or a deed relating to which can competently be recorded; but this section does not apply to servitudes or public rights of way. (4) In the computation of a prescriptive period for the purposes of this section in a case where the deed in question is a decree of adjudication for debt, any period before the expiry of the legal shall be disregarded. (5) Where, in any question involving any foreshore or any salmon fishings, this section is pled against the Crown as owner of the regalia, subsection (1) above shall have effect as if for the words “ten years” there were substituted “twenty years”. (6) This section is without prejudice to section 2 of this Act. (2) (1) If— (a) land has been possessed by any person, or by any person and his successors, for a continuous period of twenty years openly, peaceably and without any judicial interruption; and (b) the possession was founded on, and followed the execution of, a deed (whether recorded or not) which is sufficient in respect of its terms to constitute in favour of that person a real right in that land, or in land of a descriptionhabile to include that land, then, as from the expiry of that period, the real right so far as relating to that land shall be exempt from challenge except on the ground that the deed is invalidex facie or was forged. (2) This section applies— (a) to the real right of the lessee under a lease; and (b) to any other real right in land, being a real right of a kind which, under the law in force immediately before the commencement of this Part of this Act, was sufficient to form a foundation for positive prescription without the deed constituting the title to the real right having been recorded, but does not apply to servitudes or public rights of way. (3) This section is without prejudice to section 1 of this Act or to section 3(3) of the Land Registration (Scotland) Act 1979 (c.33).

(3) In section 5(1) (provision as to what is to be treated as a deed for the purposes of sections 1, 2 and 3 of the Act), for the words “title to an interest in land shall be treated as a deed sufficient to constitute that title” substitute “ right in land shall be treated as a deed sufficient to constitute that right ”.

(4) In section 15(1) (interpretation), the definition of “interest in land” shall cease to have effect.

(5) In Schedule 1 (obligations affected by certain prescriptive periods)—

(a) in paragraph 1, heads (iii) and (iv) of sub-paragraph (a); and

(b) in paragraph 2(f), the words “terce, courtesy,”

shall cease to have effect.

34

Paragraph 33(1) and (5)(a) of this schedule, and the provisions of schedule 13 to this Act in so far as relating to Schedule 1.1(a)(iii) and (iv) to the Prescription and Limitation (Scotland) Act 1973, shall not affect the application of section 6 of that Act to any obligation falling due on or before the appointed day.

Land Compensation (Scotland) Act 1973 (c. 56)

35

In section 80 of the Land Compensation (Scotland) Act 1973 (interpretation), after subsection (1) insert—

(1A) Any reference in this Act to an “interest” in land shall be construed as a reference to a right in land and as including a reference to ownership of land.

Offshore Petroleum Development (Scotland) Act 1975 (c. 8)

36

(1) The Offshore Petroleum Development (Scotland) Act 1975 shall be amended in accordance with this paragraph.

(2) In section 14(1) (power to require information as to interests in land), the word “superior,” shall cease to have effect.

(3) In section 20 (short title, interpretation and extent)—

(a) in subsection (2)—

(i) in the definition of “Crown interest”, the words “estate or” shall cease to have effect; and

(ii) for the definition of “land” substitute—

“land” includes the foreshore and other land covered with water and, except where the context otherwise requires— (a) any interest in, or right over, land; and (b) any other heritable property;

;

and

(b) in subsection (3), the words “estate or” shall cease to have effect.

Scottish Development Agency Act 1975 (c. 69)

37

(1) The Scottish Development Agency Act 1975 shall be amended in accordance with this paragraph.

(2) In section 9 (acquisition and disposal of land), in subsection (1)(a), the word “feu,” shall cease to have effect.

(3) In section 11(1) (power to obtain information), the word “superior,” shall cease to have effect.

(4) In section 25(1) (interpretation), for the definition of “land” substitute—

“land” includes— (a) the foreshore and other land covered with water; (b) any interest in, or right over, land; and (c) any other heritable property;

Aircraft and Shipbuilding Industries Act 1977 (c. 3)

38

In section 56(3) (interpretation of expressions relating to land in Scotland), for paragraph (b) substitute—

(b) “rights of ownership” means the rights— (i) of an owner; or (ii) of a tenant under a lease;

Land Registration (Scotland) Act 1979 (c. 33)

39

(1) The Land Registration (Scotland) Act 1979 shall be amended in accordance with this paragraph.

(2) In section 2(1)(a) (provision for registration in the land register)—

(a) in sub-paragraph (i)—

(i) for the words “feu, long lease or security by way of contract of ground annual” substitute “ long lease ”; and

(ii) for the words “feuar, lessee or debtor in the ground annual” substitute “ lessee ”; and

(b) in sub-paragraph (v), for the words “, udal tenure or a kindly tenancy” substitute “ or udal tenure ”.

(3) In section 3 (effect of registration)—

(a) in subsection (3), paragraph (c) shall cease to have effect;

(b) in subsection (4), paragraph (b) shall cease to have effect; . . .

(4) In section 6 (title sheets)—

(a) in subsection (1)(a), for the words “dominium utile” substitute “ land ”; and

(b) in subsection (3), the words “over-feuduty or”, in both places where they occur, shall cease to have effect.

(5) In section 12 (indemnity in respect of loss)—

(a) in subsection (3)(m), the words “a superior, a creditor in a ground annual or”, “the feu writ, the contract of ground annual or”, “, as the case may be,”, “superior, creditor or” and, in both places where they occur, “feuduty, ground annual or”; and

(b) in subsection (4)(a) the words “over-feuduty or”,

shall cease to have effect.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In section 16 (omission of certain clauses in deeds)—

(a) subsection (2); and

(b) in subsection (3)(b), the words “feuduties, ground annuals,” and “and, in the case of a grant of land in feu, of all feuduties payable by the grantor to his superiors from and after the date of entry”,

shall cease to have effect.

(8) In section 20 (tenants-at-will)—

(a) in subsection (3), paragraph (ii), and the word “; and” immediately preceding that paragraph, shall cease to have effect;

(b) in subsection (5), for the words “, restriction or redemption” substitute “ or restriction ”;

(c) in subsection (6), the words “, and all such feuduties, ground annuals or other periodical payments as are mentioned in subsection (3)(ii) above” shall cease to have effect; and

(d) in subsection (8)(a), sub-paragraph (ii) shall cease to have effect.

(9) In section 21 (provisions supplementary to section 20)—

(a) in subsection (8), for the words “infeft in” substitute “ owner of ”;

(b) for subsection (9) substitute—

(9) Any condition or provision to the effect that a person with an interest in land shall be entitled to a right of pre-emption in the event of a sale of the land, or of any part of the land, by the proprietor for the time being, shall not be capable of being enforced where the sale is by a landlord to his tenant-at-will under section 20 of this Act.

;

and

(10) In section 26 (application to Crown), for the words “held of the Crown and of” substitute “ owned by the Crown or by ”.

(11) In section 28(1) (interpretation)—

(a) the definition of “feu” shall cease to have effect;

(b) in the definition of “incorporeal heritable right”, after the word “include” insert “ a right of ownership of land, the right of a lessee under a long lease of land, a right to mines or minerals or ”;

“interest in land”— (a) means any right in or over land, including any heritable security or servitude but excluding any lease which is not a long lease; and (b) where the context admits, includes the land;

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

40

(1) The Ancient Monuments and Archaeological Areas Act 1979 shall be amended in accordance with this paragraph.

(2) In section 12(9) (certain persons acquiring rights to monuments in Scotland not bound by guardianship deeds), in paragraph (b), for the words “completed by infeftment” substitute “ title has been completed ”.

(3) In section 18(4) (capacities relevant to limited ownership), in paragraph (c), the words “or heir of entail” shall cease to have effect.

(4) In section 57(1) (power to require information), the words “of thedominium utile,” shall cease to have effect.

Education (Scotland) Act 1980 (c. 44)

41

(1) The Education (Scotland) Act 1980 shall be amended in accordance with this paragraph.

(2) In section 16(2)(b) (method of effecting transference of school), in sub-paragraph (i), for the words “interest in the land to be transferred” substitute “ transferee’s right in the land ”.

(3) In each of sections 20(1)(a) (power of education authority to acquire land) and 22(1)(a) (power of education authority to sell land), the word “feu,” shall cease to have effect.

Water (Scotland) Act 1980 (c. 45)

42

(1) The Water (Scotland) Act 1980 shall be amended in accordance with this paragraph.

(2) In section 65 (power of council to make charging order for expenses of executing works), as saved by section 179 of the Local Government etc. (Scotland) Act 1994 (c.39)—

(a) in subsection (5)—

(i) the word “estates,”; and

(ii) paragraph (a),

shall cease to have effect;

(b) in subsection (7), for the words “absolute order made under and in terms of the Improvement of Land Act 1864” substitute “ a standard security ”; and

(3) In Schedule 4 (provisions to be incorporated in orders relating to water undertakings), in paragraph 8, the words “feuduties, ground annuals,” shall cease to have effect.

British Telecommunications Act 1981 (c. 38)

43

In Schedule 2 to the British Telecommunications Act 1981 (provisions as to transfers of property, rights and liabilities), in paragraph 1(3), for the words from “Sub-paragraph (2)” to “that sub-paragraph” substitute “ In the application of sub-paragraph (2) ”.

Mobile Homes Act 1983 (c. 34)

44

In section 5 of the Mobile Homes Act 1983 (interpretation), at the end add—

(4) In relation to land in Scotland, any reference in this Act to an “estate or interest” shall be construed as a reference to a right in, or to, the land.

Roads (Scotland) Act 1984 (c. 54)

45

In each of sections 53(4) (enforceability against third parties of agreements as to use of land near roads) and 72(3) (enforceability against third parties of agreements as to stopping up of private access to land) of the Roads (Scotland) Act 1984, for the words “completed by infeftment” substitute “ title has been completed ”.

Companies Act 1985 (c. 6)

46

(1) The Companies Act 1985 shall be amended in accordance with this paragraph.

(2) In—

(a) section 396(1)(a)(ii) (charges requiring registration) unless the circumstance mentioned in sub-paragraph (4) below arises; or

(b) section 410(4)(a) (charges void unless registered) if that circumstance does arise,

the words “, ground annual” shall cease to have effect.

(3) If the amendment in head (b) above falls to be made, the amendment in head (a) above shall, on section 92 of the Companies Act 1989 coming into force, have effect.

(4) The circumstance is that section 92 of the Companies Act 1989 has not come into force by the date on which this schedule comes into force.

(5) In Schedule 4, in paragraph 93 (interpretation of Schedule), the words “is the proprietor of the dominium utile or, in the case of land not held on feudal tenure,” and “; and the reference to ground-rents, rates and other outgoings includes feu-duty and ground annual” shall cease to have effect.

(6) In Schedule 9, in paragraph 86 (interpretation of Schedule), the words “is the proprietor of the dominium utile or, in the case of land not held on feudal tenure,” and “; and the reference to ground-rents, rates and other outgoings includes a reference to feu-duty and ground annual” shall cease to have effect.

Housing Associations Act 1985 (c. 69)

47

In section 106(2) of the Housing Associations Act 1985 (application of Act in Scotland), in the definition of “heritable security”, for the words “interest in land by disposition or assignation of that interest” substitute “ land, or real right in land, by disposition of the land, or assignation of the real right, ”.

Housing (Scotland) Act 1987 (c. 26)

48

(1) The Housing (Scotland) Act 1987 shall be amended in accordance with this paragraph.

(2) In section 16 (disposal of land for erection of churches etc.), for the word “feu” substitute “ disposition ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 125(2) (notice to certain persons of time and place at which question of demolishing building will be considered), the words “of the superior of whom such owner holds, and” shall cease to have effect.

(5) In section 132, subsection (1) (notice to superiors of certain proceedings in relation to lands and heritages) shall cease to have effect.

(6) In section 155(1) (power to require information), for the words “an estate” substitute “ a right ”.

(7) In section 175(1) (protection of superiors and owners)—

(a) the words “superior or” shall cease to have effect; and

(b) for the word “estate” substitute “ right ”.

(8) In section 177(b) (interpretation), for the words “an estate” substitute “ a right ”.

(9) In section 179 (general effect of control order)—

(a) in subsection (1)(b), for the words “an estate” substitute “ a right ”; and

(b) in subsection (2), for the words “under this section have an interest amounting to an estate in” substitute “ own ”.

(10) In section 180 (effect of control order on occupier)—

(a) in subsection (2)—

(i) in paragraph (a), for the words “an estate” substitute “ a right ”; and

(ii) in paragraph (b), for the words “an estate in” substitute “ ownership of ”; and

(b) in subsection (6), for the words “an estate” substitute “ a right ”.

(11) In section 186 (appeal against control order), in each of subsections (1) and (2), for the words “an estate” substitute “ a right ”.

(12) In section 190(1) (interpretation), in the definition of “licence”, for the words “an estate or interest therein” substitute “ ownership, tenancy or a real right ”.

(13) Section 334 (power of heir of entail to sell land for housing purposes) shall cease to have effect.

(14) In section 338(1) (interpretation)—

(a) in the definition of “land”, for the word “estate” substitute “ right ”; and

(b) the definitions of—

(i) “sell” and “sale”; and

(ii) “superior”,

shall cease to have effect.

(15) In Schedule 9 (recovery of expenses by charging order), in paragraph 7, for the words “bond and disposition in” substitute “ standard ”.

(16) In Schedule 11 (houses in multiple occupation: control orders)—

(a) in paragraph 4(1), for the words “an estate” substitute “ a right ”; and

(b) in paragraph 5(3), for the words—

(i) “an estate” substitute “ a right ”; and

(ii) “that estate” substitute “ that right ”.

Consumer Protection Act 1987 (c. 43)

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Income and Corporation Taxes Act 1988 (c. 1)

50

(1) The Income and Corporation Taxes Act 1988 shall be amended in accordance with this paragraph.

(2) In section 15(1) (in which is set out Schedule A), in Schedule A, in paragraph 1(4)(b), the words “, ground annuals and feu duties” shall cease to have effect.

(3) In section 119 (rent etc. payable in connection with mines, quarries and similar concerns), in subsection (3), in the definition of “rent”, the word “, feuduty” shall cease to have effect.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capital Allowances Act 1990 (c. 1)

51

In each of sections 51(3) and 125(1) of the Capital Allowances Act 1990 (interpretation), for paragraph (b) substitute—

(b) in Scotland, the interest of the owner or an agreement to acquire such an interest,

Enterprise and New Towns (Scotland) Act 1990 (c. 35)

52

In section 32(2) of the Enterprise and New Towns (Scotland) Act 1990 (enforceability of registered agreements), for the words “completed by infeftment” substitute “ title has been completed ”.

Natural Heritage (Scotland) Act 1991 (c. 28)

53

(1) The Natural Heritage (Scotland) Act 1991 shall be amended in accordance with this paragraph.

(2) In section 22(1)(interpretation), in the definition of “land”, the word “estate,” shall cease to have effect.

(3) In Schedule 1 (constitution and proceedings of Scottish Natural Heritage), in paragraph 19—

(a) in sub-paragraph (1), after the words “to land” insert “ which or ”; and

(b) for sub-paragraph (2) substitute—

(2) In sub-paragraph (1) above— - “interest” includes any right over the land, whether exercisable by virtue of ownership or by virtue of a licence or agreement and, without prejudice to that generality, includes sporting rights; and - “land” includes— 1. land covered by water; and 2. salmon fishings.

Coal Mining Subsidence Act 1991 (c. 45)

54

(1) The Coal Mining Subsidence Act 1991 shall be amended in accordance with this paragraph.

(2) In section 52(1) (interpretation), in the definition of “owner”, paragraph (b) shall cease to have effect.

(3) In Schedule 1 (determination of amount of depreciation payments), in paragraph 2(6)—

(a) in the definition of “fee simple”, for the words “, in the case of feudal property, the estate or interest of the proprietor of the dominium utile or, in the case of property other than feudal property, the estate or” substitute “ the ”; and

(b) the definition of “incumbrance” shall cease to have effect.

(4) In Schedule 2 (recipients of depreciation payments: special cases)—

(a) in paragraph 3(2), head (b); and

(b) in paragraph 4(2)(b), the words “an entail or”, shall cease to have effect.

(5) In Schedule 6 (farm loss payments), in paragraph 1(5)—

(a) in head (a), for the words “an interest as infeft proprietor of” substitute “ a right as proprietor with completed title to ”; and

(b) the words “, but do not include references to an interest as a superior only” shall cease to have effect.

Crofters (Scotland) Act 1993 (c. 44)

55

(1) The Crofters (Scotland) Act 1993 shall be amended in accordance with this paragraph.

(2) In section 16 (provisions relating to conveyance)—

(a) in subsection (3), the words “estates or” shall cease to have effect;

(b) in subsection (5), for the words “is infeft in” substitute “ has a completed title to ”; and

(3) In section 17(3) (certain conditions or provisions to be unenforceable), paragraph (a), the words “or (b)” and in paragraph (b) the word “other”, shall cease to have effect.

(4) In section 19(4) (heritable securities)—

(a) paragraph (a); and

(b) in each of paragraphs (b) and (c), the words “otherwise than in feu”,

shall cease to have effect.

(5) In section 20(3) (interpretation), in paragraph (a), for the word “feuing” substitute “ disposing ”.

Coal Industry Act 1994 (c. 21)

56

(1) The Coal Industry Act 1994 shall be amended in accordance with this paragraph.

(2) In section 8 (exploitation rights: territorial waters and continental shelf), in subsection (6), for the words “a proprietor of thedominium utile” substitute “ an owner ”.

(3) In section 9 (exploitation rights: oil and gas), in subsection (4)(b), for the words “proprietor of thedominium utile as respects” substitute “ an owner in ”.

(4) In section 10 (protection for certain interests in coal and coal mines), in subsection (7), paragraph (b) and the word “and” immediately preceding that paragraph shall cease to have effect.

Value Added Tax Act 1994 (c. 23)

57

In section 96(1) of the Value Added Tax Act 1994 (interpretation) in the definition of—

(a) “fee simple”, in paragraph (a), the words “estate or interest of the proprietor of thedominium utile or, in the case of land not held on feudal tenure, the estate or” shall cease to have effect; and

(b) “major interest”, for the words from “-(a) the estate” to “tenure, the estate or” substitute “ the ”.

Requirements of Writing (Scotland) Act 1995 (c. 7)

58

In section 1 of the Requirements of Writing (Scotland) Act 1995 (writing required for certain contracts, obligations, trusts, conveyances and wills)—

(a) in subsection (2), in each of paragraphs (a)(i) and (b), for the words “an interest” substitute “ a real right ”; and

(b) in subsection (7), for the words “ “interest in land” means any estate, interest or” substitute “ “real right in land” means any real ”.

Atomic Energy Authority Act 1995 (c. 37)

59

In section 1 of the Atomic Energy Authority Act 1995 (schemes for transfer of property, rights and liabilities), for subsection (6) substitute—

(6) In the application of subsection (3)(b) above to Scotland, the reference to the fee simple estate shall be construed as a reference to the interest of the owner.

Town and Country Planning (Scotland) Act 1997 (c. 8)

60

(1) The Town and Country Planning (Scotland) Act 1997 shall be amended in accordance with this paragraph.

(2) In section 75(4) (restriction on enforceability of agreement regulating development or use of land), for the words “completed by infeftment” substitute “ title has been completed ”.

(3) In section 191 (disposal of land held for planning purposes), subsection (9) shall cease to have effect.

(4) In section 272(2) (matters as to which information may be required), in paragraph (b), the word “superior,” shall cease to have effect.

(5) In section 277 (interpretation)—

(a) in subsection (1), in the definition of—

(i) “disposal”, the words “, except in section 191(9),”; and

(ii) “heritable security”, in paragraph (a), the words “a security by way of ground annual and”,

shall cease to have effect; and

(b) subsection (8) shall cease to have effect.

(6) In Schedule 15 (general vesting declarations)—

(a) in paragraph 7, the words “feuduty, ground annual or”; and

(b) in paragraph 34, the words “a feuduty, ground annual,”,

shall cease to have effect.

Finance Act 1999 (c. 16)

61

(1) In Part III of Schedule 13 to the Finance Act 1999 (other instruments), in paragraph 18(1), head (c) shall cease to have effect.

(2) Sub-paragraph (1) above and, in so far as relating to the Finance Act 1999, section 76 of, and schedule 13 to, this Act shall not affect any instrument executed before the appointed day.

PART 2 — MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO THE NATIONAL TRUST FOR SCOTLAND

National Trust for Scotland Order Confirmation Act 1935 (c.ii)

62

(1) The Order contained in the Schedule to the National Trust for Scotland Order Confirmation Act 1935 (incorporation, conferring of powers etc.) shall be amended in accordance with this paragraph.

(2) In section 4(2) (powers of National Trust), the word “feu” shall cease to have effect.

(3) In section 6(2) (completion of title by National Trust), the words “notarial instrument or” shall cease to have effect.

National Trust for Scotland Order Confirmation Act 1947 (c.xxxviii)

63

(1) The Order contained in the Schedule to the National Trust for Scotland Order Confirmation Act 1947 (extension of powers of National Trust etc.) shall be amended in accordance with this paragraph.

(2) In section 3(a) (extension of powers of National Trust: feuing of land for feu duties etc.)—

(a) for the word “feus” substitute “ dispositions ”; and

(b) the words from “feu duties” to “any” shall cease to have effect.

(3) In section 4 (exercise of extended powers)—

(a) in subsection (2)—

(i) for the word “feu”, where it first occurs, substitute “ dispone ”; and

(ii) for the words “feu charter feu contract” substitute “ disposition ”; and

(b) in subsection (4), for the word “feued” substitute “ disponed ”.

SCHEDULE 13

PART 1 — REPEALS: GENERAL

PART 2 — REPEALS RELATING TO THE NATIONAL TRUST FOR SCOTLAND

Consequences of abolition

Form of application for recording deed in Register of Sasines

Requiring compensatory payment

Arrears of feuduty etc.

Duty to disclose identity etc. of former vassal

Reallotment of real burden by nomination of new dominant tenement

18A

(1) Without prejudice to section 18 of this Act, where a feudal estate of dominium utile of land is subject to a real burden which comprises a right of pre-emption or redemption and is enforceable by a superior of the feu or would be so enforceable were the person in question to complete title to the dominium directum the superior may, before the appointed day, by duly executing and registering against the dominium utile a notice in, or as nearly as may be in, the form contained in schedule 5A to this Act, prospectively convert that burden into a personal pre-emption burden or as the case may be into a personal redemption burden.

(2) The notice shall—

(a) set out the title of the superior;

(b) describe, sufficiently to enable identification by reference to the Ordnance Map, the land the dominium utile of which is subject to the real burden (or any part of that land);

(d) set out the terms of any counter-obligation to the real burden if it is a counter-obligation enforceable against the superior.

(3) Before submitting any notice for registration under this section, the superior shall swear or affirm as is mentioned in subsection (4) of section 18 of this Act.

(4) Subsection (5) of that section applies for the purposes of subsection (3) above as it applies for the purposes of subsection (4) of that section.

(5) If subsections (1) to (3) above are, with subsection (4) of that section, complied with and immediately before the appointed day the real burden is still enforceable by the superior (or his successor) or would be so enforceable, or still so enforceable, were the person in question to complete title to the dominium directum then, on that day—

(a) the real burden shall be converted into a real burden in favour of that person, to be known as a “personal pre-emption burden” or as the case may be as a “personal redemption burden”; and

(b) the land the dominium utile of which was subject to the real burden (or if part only of that land is described in pursuance of subsection (2)(b) above, that part) shall become the servient tenement.

(6) Title to enforce the burden against the land to which the notice relates shall be subject to any such counter-obligation as was set out by virtue of subsection (2)(d) above.

(7) The right to a personal pre-emption burden or personal redemption burden may be assigned or otherwise transferred to any person; and any such assignation or transfer shall take effect on registration.

(8) Where the holder of a personal pre-emption burden or personal redemption burden does not have a completed title—

(a) title may be completed by the holder registering a notice of title; or

(b) without completing title, the holder may grant a deed—

(i) assigning the right to; or

(ii) discharging, in whole or in part,

the burden; but unless the deed is one to which section 101 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (circumstances where unnecessary to deduce title) applies, it shall be necessary, in the deed, to deduce title to the burden through the midcouples linking the holder to the person who had the last completed title.

(9) This section is subject to sections 41 and 42 of this Act.

Conversion into economic development burden

18B

(1) Without prejudice to section 18 of this Act, where a feudal estate of dominium utile of land is subject to a real burden which is imposed for the purpose of promoting economic development and is enforceable by the Scottish Ministers or a local authority, being in either case the superior of the feu, or would be so enforceable were the Scottish Ministers or as the case may be the local authority to complete title to the dominium directum, the superior may, before the appointed day, by duly executing and registering against the dominium utile a notice in, or as nearly as may be in, the form contained in schedule 5B to this Act, prospectively convert that burden into an economic development burden.

(2) The notice shall—

(a) set out the title of the superior;

(b) describe, sufficiently to enable identification by reference to the Ordnance Map, the land the dominium utile of which is subject to the real burden (or any part of that land);

(d) set out the terms of any counter-obligation to the real burden if it is a counter-obligation enforceable against the superior; and

(e) state that the burden was imposed for the purpose of promoting economic development and provide information in support of that statement.

(3) If subsections (1) and (2) above are complied with and immediately before the appointed day the real burden is still enforceable by the superior or would be so enforceable were the Scottish Ministers or as the case may be the local authority to complete title to the dominium directum then on that day the real burden shall be converted into an economic development burden and on and after that day the Scottish Ministers or, as the case may be, the authority, shall—

(a) have title to enforce the burden against the land to which the notice relates; and

(b) be presumed to have an interest to enforce it.

(4) Title to enforce the burden against the land to which the notice relates shall be subject to any such counter-obligation as was set out by virtue of subsection (2)(d) above.

(5) This section is subject to sections 41 and 42 of this Act.

18C

(1) Without prejudice to section 18 of this Act, where a feudal estate of dominium utile of land is subject to a real burden which is imposed for the purpose of promoting the provision of facilities for health care and is enforceable by a National Health Service trust or the Scottish Ministers, being in either case the superior of the feu, or would be so enforceable were the trust or as the case may be the Scottish Ministers to complete title to the dominium directum, the superior may, before the appointed day, by duly executing and registering against the dominium utile a notice in, or as nearly as may be in, the form contained in schedule 5C to this Act, prospectively convert that burden into a health care burden.

(2) The notice shall—

(a) set out the title of the superior;

(b) describe, sufficiently to enable identification by reference to the Ordnance Map, the land the dominium utile of which is subject to the real burden (or any part of that land);

(d) set out the terms of any counter-obligation to the real burden if it is a counter-obligation enforceable against the superior; and

(e) state that the burden was imposed for the purpose of promoting the provision of facilities for health care and provide information in support of that statement.

(3) If subsections (1) and (2) are complied with and immediately before the appointed day the real burden is still enforceable by the superior or would be so enforceable were the trust or as the case may be the Scottish Ministers to complete title to the dominium directum then on that day the real burden shall be converted into a health care burden and on and after that day the trust or, as the case may be, the Scottish Ministers, shall—

(a) have title to enforce the burden against the land to which the notice in question relates; and

(b) be presumed to have an interest to enforce it.

(4) Title to enforce the burden against the land to which the notice relates shall be subject to any such counter-obligation as was set out by virtue of subsection (2)(d) above.

(5) In subsections (1) and (2) above, “facilities for health care” includes facilities ancillary to health care; as for example (but without prejudice to that generality) accommodation for staff employed to provide health care.

(6) This section is subject to sections 41 and 42 of this Act.

Reallotment of real burden by order of Lands Tribunal

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

Nomination of conservation body or Scottish Ministers to have title to enforce conservation burden

27A

(1) Where a person other than a conservation body or the Scottish Ministers has the right as superior to enforce a real burden of the class described in section 27(2) of this Act or would have that right were he to complete title to the dominium directum, he may, subject to subsection (2) below, before the appointed day nominate for the benefit of the public, by executing and registering against the dominium utile of the land subject to the burden a notice in, or as nearly as may be in, the form contained in schedule 8A to this Act, a conservation body or the Scottish Ministers to have title on or after that day to enforce the burden against that land; and, without prejudice to section 27(1) of this Act, any burden as respects which such title to enforce is by virtue of this subsection so obtained shall, on and after the appointed day, be known as a “conservation burden”.

(2) Subsection (1) above applies only where the consent of the nominee to being so nominated is obtained—

(a) in a case where sending a copy of the notice, in compliance with section 41(3) of this Act, is reasonably practicable, before that copy is so sent; and

(b) in any other case, before the notice is executed.

(3) The notice shall—

(a) state that the nominee is a conservation body (identifying it) or the Scottish Ministers, as the case may be; and

(b) do as mentioned in paragraphs (b) to (e) of section 27(3) of this Act.

(4) This section is subject to sections 41 and 42 of this Act except that, in the application of subsection (1)(i) of section 42 for the purposes of this subsection, such discharge as is mentioned in that subsection shall be taken to require the consent of the nominated person.

28A

If a notice has been executed and registered in accordance with section 27A of this Act and, immediately before the appointed day, the burden to which the notice relates is still enforceable by the nominating person as superior (or by such person as is his successor) or would be so enforceable, or still so enforceable, were the person in question to complete title to the dominium directum then, on and after the appointed day, the conservation body or as the case may be the Scottish Ministers shall—

(a) subject to any counter-obligation, have title to enforce the burden against the land to which the notice in question relates; and

(b) be presumed to have an interest to enforce that burden.

Extinction of counter-obligation

Disentailment on appointed day

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

Discharge of rights of irritancy

Crown application

65A

(1) Where a feudal estate of dominium utile of land is subject to sporting rights which are enforceable by a superior of the feu or which would be so enforceable were the person in question to complete title to the dominium directum the superior may, before the appointed day, by duly executing and registering against the dominium utile a notice in, or as nearly as may be in, the form contained in schedule 11A to this Act, prospectively convert those rights into a tenement in land.

(2) The notice shall—

(a) set out the title of the superior;

(b) describe, sufficiently to enable identification by reference to the Ordnance Map, the land the dominium utile of which is subject to the sporting rights (or any part of that land);

(d) set out the terms of any counter-obligation to those rights if it is a counter-obligation enforceable against the superior.

(3) Before submitting any notice for registration under this section, the superior shall swear or affirm as is mentioned in subsection (4) of section 18 of this Act.

(4) Subsection (5) of that section applies for the purposes of subsection (3) above as it applies for the purposes of subsection (4) of that section.

(5) If subsections (1) to (3) above are, with subsection (4) of that section, complied with and immediately before the appointed day the sporting rights are still enforceable by the superior (or his successor) or would be so enforceable, or still so enforceable, were the person in question to complete title to the dominium directum then, on that day, the sporting rights shall be converted into a tenement in land.

(6) No greater, or more exclusive, sporting rights shall be enforceable by virtue of such conversion than were (or would have been) enforceable as mentioned in subsection (5) above.

(7) Where the dominium utile comprises parts each held by a separate vassal, each part shall be taken to be a separate feudal estate of dominium utile .

(8) Where sporting rights become, under subsection (5) above, a tenement in land, the right to enforce those rights shall be subject to any counter-obligation enforceable against the superior immediately before the appointed day; and section 47 of this Act shall apply in relation to any counter-obligation to sporting rights as it applies in relation to any counter-obligation to a real burden.

(9) In this section, “ sporting rights ” means a right of fishing or game.

(10) This section is subject to section 41 of this Act.

(11) Subsections (1) and (2)(a) of section 43 of this Act apply in relation to a notice submitted for registration under this section as they apply in relation to a notice so submitted under any of the provisions mentioned in those subsections; and paragraph (a) of subsection (3) of that section applies in relation to a determination for the purposes of subsection (5) of this section as it applies in relation to a determination for the purposes of any of the provisions mentioned in that paragraph.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conversion into economic development burden

The appointed day

Nomination of conservation body or Scottish Ministers to have title to enforce conservation burden

Transmissibility of right to claim compensation[j074.doc]

“I, [name of former vassal], acknowledge receipt of a notice under section 8(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 requiring a compensatory payment [add if applicable, of an instalment document] and of an explanatory note relating to the notice.

Date: . ”.

“Notice under section 8(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 requiring a compensatory payment was posted to [name of former vassal], together with [add if applicable an instalment document and] the requisite explanatory note relating to the notice, on [date].

(This explanation has no legal effect)

Notes for completion of the notice

1

Insert name and address of superior.

2

Describe the land in a way that is sufficient to enable the Keeper to identify it by reference to the Ordnance Map. Where the title to the land has been registered in the Land Register the description should refer to the title number of the land or of the larger subjects of which the land forms part. Otherwise it should normally refer to and identify a deed recorded in a specified division of the Register of Sasines.

3

Insert one or more of the following:

4

5

Where the title has been registered in the Land Register of Scotland and the superior is—

(a) registered as proprietor, specify the title number;

(b) not registered as proprietor, specify the title number and set out the midcouples or links between the person last registered and the superior so as sufficiently to identify them.

Where the title has not been registered in the Land Register and the superior—

(a) has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title;

(b) does not have a recorded title, either—

(i) specify by reference to the Register of Sasines the deed constituting the immediate title of the person with the last recorded title and set out the midcouples or links between that person and the superior so as sufficiently to identify them; or

(ii) if there is no such deed, specify the nature of the superior’s title.

6

Do not complete until a copy of the notice has been sent to the owner of the prospective servient tenement (except in a case where this is not reasonably practicable). Then insert whichever is applicable of the following:

7

The superior should not swear or affirm, or sign, until a copy of the notice has been sent (or otherwise) as mentioned in note 6. Before signing the superior should swear or affirm before a notary public (or, if the notice is being completed outwith Scotland, before a person duly authorised under the local law to administer oaths or receive affirmations) that, to the best of the superior’s knowledge and belief, all the information contained in the notice is true. The notary public should also sign. Swearing or affirming a statement which is known to be false or which is believed not to be true is a criminal offence under the False Oaths (Scotland) Act 1933. Normally the superior should swear or affirm, and sign, personally. If, however, the superior is legally disabled or incapable (for example, because of mental disorder) his legal representative should swear or affirm and sign. If the superior is not an individual (for example, if it is a company) a person entitled by law to sign formal documents on its behalf should swear or affirm and sign.

SCHEDULE 5A

Superior: (see note for completion 1) Description of land which is to be servient tenement: (see note for completion 2) Terms of real burden: (see note for completion 3) Any counter obligation: (see note for completion 3) Title to the superiority: (see note for completion 4) Service: (see note for completion 5) I swear [oraffirm] that the information contained in the notice is, to the best of my knowledge and belief, true. Signature of superior: (see note for completion 6) Signature of notary public: Date: .

Explanatory Note

(This explanation has no legal effect)

This notice is sent by your feudal superior. In this notice your property (or some part of it) is referred to (prospectively) as the “servient tenement”.

By this notice the feudal superior asserts that at present your property is subject to a right of pre-emption [or of redemption] enforceable by him and claims the right to continue to enforce it not as superior but in a personal capacity. The notice, if it is registered in the Land Register or Register of Sasines under section 18A of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, will allow him to enforce the right after the feudal system is abolished (which will be shortly).

If you think that there is a mistake in this notice or if you wish to challenge it, you are advised to contact your solicitor or other adviser.

Notes for completion of the notice

(These notes have no legal effect)

1

Insert name and address of superior.

2

3

4

Where the title has been registered in the Land Register of Scotland and the superior is—

(a) registered as proprietor, specify the title number;

(b) not so registered, specify the title number and set out the midcouples or links between the person last registered and the superior so as sufficiently to identify them.

Where the title has not been registered in the Land Register and the superior—

(a) has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title;

(b) does not have a recorded title, either—

(i) specify by reference to the Register of Sasines the deed constituting the immediate title of the person with the last recorded title and set out the midcouples or links between that person and the superior so as sufficiently to identify them; or

(ii) if there is no such deed, specify the nature of the superior’s title.

5

“The superior has sent a copy of this notice by [specify whether by recorded delivery or registered post or by ordinary post] on [date of posting] to the owner of the prospective servient tenement at [state address].”; or

“It has not been reasonably practicable to send a copy of this notice to the owner of the prospective servient tenement for the following reason: [specify the reason]”.

6

The superior should not swear or affirm, or sign, until a copy of the notice has been sent (or otherwise) as mentioned in note 5. Before signing, the superior should swear or affirm before a notary public (or, if the notice is being completed outwith Scotland, before a person duly authorised under the local law to administer oaths or receive affirmations) that, to the best of the superior’s knowledge and belief, all the information contained in the notice is true. The notary public should also sign. Swearing or affirming a statement which is known to be false or which is believed not to be true is a criminal offence under the False Oaths (Scotland) Act 1933. Normally the superior should swear or affirm, and sign, personally. If, however, the superior is legally disabled or incapable (for example, because of mental disorder) his legal representative should swear or affirm and sign. If the superior is not an individual (for example, if it is a company) a person entitled by law to sign formal documents on its behalf should swear or affirm and sign.

SCHEDULE 5B

Superior: (see note for completion 1) Description of land which is to be servient tenement: (see note for completion 2) Terms of real burden: (see note for completion 3) Statement that purpose was to promote economic development: (with supporting evidence: see note for completion 3) Any counter obligation: (see note for completion 3) Title to the superiority: (see note for completion 4) Service: (see note for completion 5) Signature on behalf of superior: Date: .

Explanatory Note

(This explanation has no legal effect)

This notice is sent by your feudal superior; that is to say by [the Scottish Ministers] or [specify local authority].

By this notice the feudal superior asserts that at present your property is subject to a real burden enforceable by the superior and claims both the right to continue to enforce it, not as superior but in a personal capacity, and that the real burden is for the purpose of promoting economic development. The notice, if it is registered in the Land Register or Register of Sasines under section 18B of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, will allow the superior to enforce that right after the feudal system is abolished (which will be shortly).

If you think that there is a mistake in this notice or if you wish to challenge it, you are advised to contact your solicitor or other adviser.

Notes for completion of the notice

(These notes have no legal effect)

1

Insert “ the Scottish Ministers ” or as the case may be the name and address of the local authority.

2

3

Specify by reference to the appropriate Register the deed or deeds in which the real burden or counter-obligation was imposed. Set out the terms of the real burden, or as the case may be the terms of the counter-obligation, in full or refer to the deed in such a way as to identify the real burden or counter-obligation. Provide the statement specified and set out any information which supports it.

4

Where the title has been registered in the Land Register of Scotland and the superior is—

(a) registered as proprietor, specify the title number;

(b) not so registered, specify the title number and set out the midcouples or links between the person last registered and the superior so as sufficiently to identify them.

Where the title has not been registered in the Land Register and the superior—

(a) has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title;

(b) does not have a recorded title, either—

(i) specify by reference to the Register of Sasines the deed constituting the immediate title of the person with the last recorded title and set out the midcouples or links between that person and the superior so as sufficiently to identify them; or

(ii) if there is no such deed, specify the nature of the superior’s title.

5

Do not complete until a copy of the notice has been sent to the owner of the prospective servient tenement (except in a case where such sending is not reasonably practicable). Then insert whichever is applicable of the following:

“The superior has sent a copy of this notice by [specify whether by recorded delivery or registered post or by ordinary post] on [date of posting] to the owner of the prospective servient tenement at [state address].”; or

“It has not been reasonably practicable to send a copy of this notice to the owner of the prospective servient tenement and the reason is that: [specify the reason].”

SCHEDULE 5C

Superior: (see note for completion 1) Description of land which is to be servient tenement: (see note for completion 2) Terms of real burden: (see note for completion 3) Statement that purpose was to promote the provision of facilities for health care: (with supporting evidence: see note for completion 3) Any counter obligation: (see note for completion 3) Title to the superiority: (see note for completion 4) Service: (see note for completion 5) Signature on behalf of superior: Date: .

Explanatory Note

(This explanation has no legal effect)

This notice is sent by your feudal superior; that is to say by [the Scottish Ministers] or [specify National Health Service trust].

By this notice the feudal superior asserts that at present your property is subject to a real burden enforceable by the superior and claims both the right to continue to enforce it, not as superior but in a personal capacity, and that the real burden is for the purpose of promoting the provision of facilites for health care. The notice, if it is registered in the Land Register or Register of Sasines under section 18C of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, will allow the superior to enforce that right after the feudal system is abolished (which will be shortly).

If you think that there is a mistake in this notice or if you wish to challenge it, you are advised to contact your solicitor or other adviser.

Notes for completion of the notice

(These notes have no legal effect)

1

Insert “ the Scottish Ministers ” or as the case may be the name and address of the National Health Service trust.

2

3

Specify by reference to the appropriate Register the deed or deeds in which the real burden or counter-obligation was imposed. Set out the terms of the real burden, or or as the case may be the terms of the counter-obligation, in full or refer to the deed in such a way as to identify the real burden or counter-obligation. Provide the statement specified and set out any information which supports it.

4

Where the title has been registered in the Land Register of Scotland and the superior is—

(a) registered as proprietor, specify the title number;

(b) not so registered, specify the title number and set out the midcouples or links between the person last registered and the superior so as sufficiently to identify them.

Where the title has not been registered in the Land Register and the superior—

(a) has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title;

(b) does not have a recorded title, either—

(i) specify by reference to the Register of Sasines the deed constituting the immediate title of the person with the last recorded title and set out the midcouples or links between that person and the superior so as sufficiently to identify them; or

(ii) if there is no such deed, specify the nature of the superior’s title.

5

“The superior has sent a copy of this notice by [specify whether by recorded delivery or registered post or by ordinary post] on [date of posting] to the owner of the prospective servient tenement at [state address].”; or

“It has not been reasonably practicable to send a copy of this notice to the owner of the prospective servient tenement and the reason is that: [specify the reason].”.

(This explanation has no legal effect)

Notes for completion of the notice

1

Insert name and address of superior.

2

Insert name and address of person who has the feudal estate ofdominium utile.

3

Specify by reference to the appropriate Register the deed or deeds in which the real burden or counter-obligation was imposed. Set out the real burden or counter-obligation in full or refer to the deed in such a way as to identify the real burden or counter— obligation. You may if you wish propose and set out a modification to either the real burden or to the counter-obligation (or modifications to both).

4

Where the title has been registered in the Land Register of Scotland and the superior is—

(a) registered as proprietor, specify the title number;

(b) not registered as proprietor, specify the title number and set out the midcouples or links between the person last registered and the superior so as sufficiently to identify them.

Where the title has not been registered in the Land Register and the superior—

(a) has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title;

(b) does not have a recorded title, either—

(i) specify by reference to the Register of Sasines the deed constituting the immediate title of the person with the last recorded title and set out the midcouples or links between that person and the superior so as sufficiently to identify them; or

(ii) if there is no such deed, specify the nature of the superior’s title.

5

Do not complete until a copy of the notice has been delivered or sent to the person with right to the feu. Then insert the following:

(This explanation has no legal effect) This notice is sent by your feudal superior. In this notice your property (or some part of it) is referred to as the “prospective servient tenement” and the superior’s property is referred to as the “prospective dominant tenement”.

Notes for completion of the notice

1

Insert name and address of superior.

2

Describe the land in a way that is sufficient to enable the Keeper to identify it by reference to the Ordnance Map. Where the title to the land has been registered in the Land Register the description should refer to the relevant title number of the land or of the larger subjects of which the land forms part. Otherwise it should normally refer to and identify a deed recorded in a specified division of the Register of Sasines.

3

Specify by reference to the Register the deed or deeds in which the real burden or counter-obligation was imposed. Set out the real burden or counter-obligation in full or so as sufficiently to identify it.

4

The superiority referred to in the box “Title to the superiority” is the superiority of land which comprises the prospective servient tenement.

5

Set out in full the description which was, in pursuance of section 20(2) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, included in the application.

6

Insert either: “The applicant has sent a copy of this notice by [specify recorded delivery mail or registered post] to the owner of the prospective servient tenement at [specify the address of the prospective servient tenement, or the place of residence or place of business, or the most recently known place of residence or place of business, of the owner of the servient tenement].” or “It has not been reasonably practicable to serve a copy of this notice on the owner of the prospective servient tenement for the following reasons: [specify the reasons].”.

7

(This explanation has no legal effect)

Notes for completion of the notice

1

In the case of a conservation body, insert the year and number of the relevant statutory instrument and the name and address of that body.

2

3

4

Where the title has been registered in the Land Register of Scotland and the superior is—

(a) infeft, specify the title number;

(b) uninfeft, specify the title number and set out the midcouples or links between the person last infeft and the superior so as sufficiently to identify them.

Where the title has not been registered in the Land Register and the superior—

(a) has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title;

(b) does not have a recorded title, either—

(i) specify by reference to the Register of Sasines the deed constituting the immediate title of the person last infeft and set out the midcouples or links between the person last infeft and the superior so as sufficiently to identify them; or

(ii) if there is no such deed, specify the nature of the superior’s title.

5

Do not complete until a copy of the notice has been sent to the owner of the land subject to the burden (except in a case where this is not reasonably practicable). Then insert whichever is applicable of the following:

6

The notice should not be signed until a copy of it has been sent (or otherwise) as mentioned in note 5. The conservation body or the Scottish Ministers should sign.

SCHEDULE 8A

Superior: Nominee (being a conservation body or the Scottish Ministers): (see note for completion 1) Description of land subject to the real burden: (see note for completion 2) Terms of real burden: (see note for completion 3) Any counter-obligation: (see note for completion 3) Title to the superiority: (see notes for completion 4 and 5) Service: (see note for completion 6)

Signature of superior:	Signature of consenting nominee:
(see note for completion 7)	(see note for completion 8)
Signature of superior’s witness:	Signature of nominee’s witness:
Name and address of witness:	Name and address of witness:

Date: .

Explanatory note

(This explanation has no legal effect)

This notice is sent by your feudal superior.

At present the use of your property is subject to certain burdens and conditions enforceable by the feudal superior. The feudal system is shortly to be abolished. The feudal superior intends to nominate a conservation body or the Scottish Ministers to have title to enforce certain of those burdens (referred to prospectively as “conservation burdens”) when he ceases to have such title. These are burdens which have been imposed in the public interest for the preservation or protection either of architectural or historic characteristics of land or of some other special characteristic of land derived from the flora, fauna or general appearance of the land. By virtue of this notice the nominee would have the right to enforce a conservation burden in the capacity of conservation body or of the Scottish Ministers, as the case may be. The notice, if it is registered in the Land Register of Scotland or recorded in the Register of Sasines under section 27A of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, will allow the burden to be so enforced after the feudal system has been abolished.

If you think there is a mistake in this notice or if you wish to challenge it, you are advised to consult your solicitor or other adviser.

Notes for completion of the notice

(These notes have no legal effect)

1

In the case of a conservation body, insert the year and number of the relevant statutory instrument and the name and address of that body.

2

3

4

Where the title has been registered in the Land Register of Scotland and the superior is—

(a) infeft, specify the title number;

(b) uninfeft, specify the title number and set out the midcouples or links between the person last infeft and the superior so as sufficiently to identify them.

5

Where the title has not been registered in the Land Register and the superior—

(a) has a recorded title, specify by reference to the Register of Sasines the deed constituting the immediate title;

(b) does not have a recorded title, either—

(i) specify by reference to the Register of Sasines the deed constituting the immediate title of the person last infeft and set out the midcouples or links between the person last infeft and the superior so as sufficiently to identify them; or

(ii) if there is no such deed, specify the nature of the superior’s title.

6

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