Abolition of Feudal Tenure etc. (Scotland) Act 2000

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:

• “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 land subject to the real burden at [state address].”; or

• “It has not been reasonably practicable to send a copy of this notice to the owner of the land subject to the real burden for the following reason: [specify the reason].”

7

The notice should not be signed by the superior until a copy of it has been sent (or otherwise) as mentioned in note 6.

8

The nominee should sign, so as to indicate consent, before that copy is sent (or otherwise) as so mentioned.

(This explanation has no legal effect)

Notes for completion of 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

Specify by reference to the appropriate Register the deed or deeds in which the development value burden was imposed. Set out the burden in full or refer to the deed in such a way as to identify the burden. If the notice is used to reserve rights in relation to more than one development value burden, details of each burden should be set out separately, in numbered paragraphs.

4

State that the burden reserves the development value. Section 33(5) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 defines “development value” as “any significant increase in the value of the land arising as a result of the land becoming free to be used, or dealt with, in some way not permitted under the grant in feu”. Set out any information (additional to that provided in the other boxes) which supports that statement.

5

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.

6

Specify by reference to the appropriate Register the writ granting the relevant land in feu.

7

State the amount by which the consideration was reduced because of the imposition of the burden. (If the notice relates to more than one burden, the amounts should be shown separately for each burden.) The statement should be made to the best of the superior’s knowledge and belief.

8

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:

9

The superior should not swear or affirm, or sign, until a copy of the notice has been sent (or otherwise) as mentioned in note 8. 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.

“I [name of owner] acknowledge receipt of a notice under section 35(3) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 claiming compensation of [amount].

Date: .”.

“Notice under section 35(3) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 claiming compensation was posted to [name of owner] on [date].

(Execute in accordance with section 3 of the Requirements of Writing (Scotland) Act 1995.)

SCHEDULE 11A

Superior: (see note for completion 1) Description of land subject to sporting rights: (see note for completion 2) Description of sporting rights: (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 this 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.

By it the feudal superior asserts that at present your property is subject to certain sporting rights (that is to say, to rights of fishing or game) enforceable by him as superior and he seeks to continue to enjoy those rights on a different basis: that is to say, as a tenement in land.

The notice, if it is registered in the Land Register of Scotland or recorded in the Register of Sasines under section 65A of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, will have that effect when (shortly) the feudal system is 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

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

Specify by reference to the appropriate Register the deed or deeds in which the sporting rights were reserved or the counter-obligation was imposed. Describe the sporting rights or set out the counter-obligation in full or refer to the deed in such a way as to identify those rights or that counter-obligation.

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 sporting rights (except in a case where this 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 land subject to the sporting rights at [state address]”.; or

• “It has not been reasonably practicable to send a copy of this notice to the owner of the land subject to the sporting rights for the following reason: [specify the reason]”.

6

The notice should not be signed by the superior until a copy of it 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.

Mines and Metals Act 1592 (c.31) (Act of the Parliaments of Scotland)

Redemptions Act 1661 (c.247) (Act of the Parliaments of Scotland)

Redemptions Act 1661 (c.247) (Act of the Parliaments of Scotland)

Lands Clauses Consolidation (Scotland) Act 1845 (c.19)

Entail Amendment Act 1848 (c.36)

Registration of Leases (Scotland) Act 1857 (c.26)

Land Registers (Scotland) Act 1868 (c.64)

Titles to Land Consolidation (Scotland) Act 1868 (c.101)

Conveyancing (Scotland) Act 1874 (c.94)

Writs Execution (Scotland) Act 1877 (c.40)

Conveyancing (Scotland) Acts (1874 and 1879) Amendment Act 1887 (c.69)

Heritable Securities (Scotland) Act 1894 (c.44)

Titles to Land Consolidation (Scotland) Act 1868 (c.101)

Conveyancing (Scotland) Act 1924 (c.27)

Church of Scotland (Property and Endowments) Act 1925 (c.33)

Church of Scotland (Property and Endowments) Amendment Act 1933 (c.44)

National Parks and Access to the Countryside Act 1949 (c.97)

Conveyancing (Scotland) Acts (1874 and 1879) Amendment Act 1887 (c.69)

Land Compensation (Scotland) Act 1963 (c.51)

Forestry Act 1967 (c.10)

Countryside (Scotland) Act 1967 (c.86)

Countryside Act 1968 (c.41)

Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35)

Agriculture Act 1970 (c.40)

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

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

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

Scottish Development Agency Act 1975 (c.69)

Aircraft and Shipbuilding Industries Act 1977 (c.3)

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

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

Education (Scotland) Act 1980 (c.44)

Water (Scotland) Act 1980 (c.45)

British Telecommunications Act 1981 (c.38)

Roads (Scotland) Act 1984 (c.54)

Companies Act 1985 (c.6)

Housing Associations Act 1985 (c.69)

Housing (Scotland) Act 1987 (c.26)

Consumer Protection Act 1987 (c.43)

Capital Allowances Act 1990 (c.1)

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

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

Crofters (Scotland) Act 1993 (c.44)

Crofters (Scotland) Act 1993 (c.44)

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

Atomic Energy Authority Act 1995 (c.37)

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

Finance Act 1999 (c.16)

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

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

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

Editorial notes