Title Conditions (Scotland) Act 2003 facts for kids
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| Long title | An Act of the Scottish Parliament to make further provision as respects real burdens, servitudes and certain other obligations affecting land; to amend the law relating to the ranking of standard securities; and for connected purposes. |
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| Citation | 2003 asp 9 |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 3 April 2003 |
| Commencement | 28 November 2004 |
| Other legislation | |
| Relates to | Abolition of Feudal Tenure etc. (Scotland) Act 2000 Tenements (Scotland) Act 2004 |
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Status: Current legislation
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| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Title Conditions (Scotland) Act 2003 is a law made by the Scottish Parliament. It started to be used on 28 November 2004. This Act is a big part of changing how land is owned and used in Scotland. It worked with two other important laws: the Abolition of Feudal Tenure etc. (Scotland) Act 2000 and the Tenements (Scotland) Act 2004. All three laws helped to get rid of an old system called "feudal tenure" and make property laws more modern.
What the Act Does
This law mainly deals with something called "real burdens." These are special rules or duties that are linked to a piece of land. Think of them as promises or agreements that stay with the land, no matter who owns it.
Understanding Real Burdens
Section 1 of the Act explains what a real burden is. It says it's a duty or rule on one piece of land that benefits another piece of land. For example, a real burden might say that the owner of one house can't build a tall fence, so their neighbor's view isn't blocked.
Section 2 of the Act makes it clear that a real burden must involve either:
- An obligation to do something related to the property.
- Or an obligation to not do something related to the property.
These rules are important for how people use and develop land in Scotland. The Act provides a clear legal way for these real burdens to exist, especially after the old feudal system was removed.
See also
- Land Reform in Scotland
