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	Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Land Registration (Scotland) Amendment Rules 2004 No. 476 URL: http://www.bailii.org/scot/legis/num_reg/2004/20040476.html

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" "the 2000 Act" means the Abolition of Feudal Tenure etc. (Scotland) Act 2000[3];
"the 2003 Act" means the Title Conditions (Scotland) Act 2003[4];
"application for dual registration" means an application made for-
(a) registration of a constitutive deed under section 4(5) of the 2003 Act;

(b) registration of a notice of preservation under section 50 of the 2003 Act;

(c) registration of a deed creating a positive servitude under section 75(1) of the 2003 Act;

(d) registration of a notice of converted servitude under section 80 of the 2003 Act; "benefited property" means in relation to a title condition, the interest in land to which the right to enforce the title condition is attached;


"burdened property" means in relation to a title condition, the interest in land which is affected by the title condition;";

(b) after the definition of "certificate of title" insert-

" "community burden" has the meaning given in section 25 of the 2003 Act;
"constitutive deed" means the deed which sets out the terms of a title condition;";

(c) after the definition of "debt" insert-

" "holder" in relation to a title condition means the person who has right to the title condition;
"personal real burden" has the meaning given in section 1(3) of the 2003 Act;".

     4. In rule 4 of the principal Rules (property section)-

(a) in sub paragraph (c) for the word "enforceable" substitute "subsisting";

(b) after sub-paragraph (c) insert-


" (cc) particulars of any subsisting right to a title condition pertaining to the interest by virtue of section 18, 19 or 20 of the 2000 Act or section 4(5), 50, 75 or 80 of the 2003 Act and the identity of the burdened property affected by such title condition;";



(c) after paragraph (2) insert-

    " (3) An entry in the Property Section in respect of particulars of a right to be entered in accordance with paragraph (1)(cc) shall set out the terms of the title condition either-


(a) by setting out the terms of the title condition as set out in the constitutive deed in full or by entering a summary of such terms in the Property Section; or

(b) by setting out such terms by means of a reference to an entry in the Burdens Section of the same title sheet wherein such terms are set out in full.".

     5. In rule 7 of the principal Rules (burdens section)-

(a) after paragraph (1)(a) insert-


" (aa) the identity of the benefited property or of the holder of a personal real burden in respect of any subsisting real burden or condition affecting the interest by virtue of section 18, 18A, 18B, 18C, 19, 20, 27 or 27A of the 2000 Act or section 4(5), 38, 43, 44, 45, 46, 50, 75 or 80 of the 2003 Act;

(ab) any statement which the Keeper is entitled or required to enter on the title sheet by virtue of section 58 of the 2003 Act;";



(b) after paragraph (1) insert-

    " (1A) where particulars of any subsisting right to a title condition are to be entered in the Property Section in accordance with rule 4(3)(b), there shall be entered in the Burdens Section the terms of such title condition as set out in the constitutive deed.".

     6. In rule 9 of the principal Rules (application for registration of interest in land)-

(a) in paragraph (1) at the beginning insert "Subject to paragraphs (4) and (5),";

(b) after paragraph (3) insert-

    " (4) Where the application for registration is an application for dual registration the application may be made by any person who has right to the land which in terms of the application is to become a burdened or benefited property.

    (5) Where an enactment permits an application for registration to be made by a person that person may make such application.

    (6) Paragraph (1) shall apply to an application made by virtue of paragraphs (4) or (5) for the purposes of determining on which form the application shall be made.".

     7. In Schedule A to the principal Rules, for Forms 1, 2, 3 and 6 substitute the Forms numbered 1, 2, 3 and 6 in the Schedule to these Rules.


HUGH HENRY
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
3rd November 2004

[2] S.I. 1980/1413, as amended by S.I. 1982/974, 1988/1143, 1995/248 and 1998/3100.back

[3] 2000 asp 5.back

[4] 2003 asp 9.back

  © Crown copyright 2004