Resource information
The Act stipulates rules for the creation, enforcement and extinction of real burdens, and special rules for community burdens and manager burdens. A “real burden” is an encumbrance on land constituted in favour of the owner of other land in that person's capacity as owner of that other land. Other burdens regulated by this Act include: Conservation burdens, community burdens, management burdens, rural housing burdens, maritime burdens, economic development burdens, and health care burdens. Burdens validly created under the old law will remain valid burdens - the legal effect will remain the same. No valid burdens will disappear as a result of the Act, though it provides a mechanism for getting rid of obsolete burdens. It should become easier to find out who has the right to enforce burdens. It reduces the number of outdated burdens by making it easier to discharge or vary them. It creates a framework for the way in which individuals may impose their own controls on property. The Act provides default rules for a number of areas where property may not be fully regulated by title deeds.
Implemented by: Lands Tribunal for Scotland Rules 2003 (S.S.I. No. 452 of 2003). (2003-09-22)
Implemented by: Title Conditions (Scotland) Act 2003 (Conservation Bodies) Order 2003 (S.S.I. No. 453 of 2003). (2003-09-22)
Implemented by: Title Conditions (Scotland) Act 2003 (Consequential Provisions) Order 2003 (S.S.I. No. 503 of 2003). (2003-10-21)
Amended by: Title Conditions (Scotland) Act 2003 (Consequential Provisions) Order 2003 (S.S.I. No. 503 of 2003). (2003-10-21)
Amended by: Tenements (Scotland) Act 2004 (2004 asp 11). (2004-10-22)
Amended by: Long Leases (Scotland) Act 2012 (2012 asp 9). (2012-08-07)
