Abolition of Feudal Tenure etc (Scotland) Act 2000 (2000 asp 5)

From the Scottish Parliament Acts: Acts made by the Scottish Parliament, established on 1 July 1999 and referred to as Acts of the Scottish Parliament (ASPs).

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Abolition of Feudal Tenure etc (Scotland) Act 2000 (2000 asp 5)

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Abolition of Feudal Tenure etc (Scotland) Act 2000 (2000 asp 5)

Part 1 Abolition Of Feudal Tenure (Ss 1-3)

1 Abolition on appointed day

2 Consequences of abolition

3 Amendment of Land Registration (Scotland) Act 1979

Part 2 Land Transfers Etc On And After Appointed Day (Ss 4-6)

4 . . .

4 . . .

5 Form of application for recording deed in Register of Sasines

6 Deduction of title for unregistered land etc

Part 3 Feuduties (Ss 7-16)

7 Extinction on appointed day

8 Requiring compensatory payment

9 Calculation of amount of compensatory payment

10 Making compensatory payment by instalments

11 Service under section 8(1)

12 Extinction by prescription of requirement to make compensatory payment

13 Arrears of feuduty etc

14 Duty of collecting third party to disclose information

15 Duty to disclose identity etc of former vassal

16 Interpretation of Part 3

Part 4 Real Burdens (Ss 17-49)

17 Extinction of superior's rights

18 Reallotment of real burden by nomination of new dominant tenement

[18A Personal pre-emption burdens and personal redemption burdens]

[18B Conversion into economic development burden]

[18C Conversion into health care burden]

19 Reallotment of real burden by agreement

20 Reallotment of real burden by order of Lands Tribunal

21 Manner of dealing with application under section 20

22 Amendment of Tribunals and Inquiries Act 1992

23 . . .

24 Interest to enforce real burden

25 Counter-obligations on reallotment

26 . . .

27 Notice preserving right to enforce conservation burden

[27A Nomination of conservation body or Scottish Ministers to have title to enforce conservation burden]

28 Enforcement of conservation burden

[28A Effect of section 27A nomination]

29 . . .

30 . . .

31 . . .

32 . . .

33 Notice reserving right to claim compensation where land subject to development value burden

34 Transmissibility of right to claim compensation

35 Claiming compensation

36 Service under section 35(3)

37 Amount of compensation

38 Duty to disclose identity of owner

39 The expression “owner” for purposes of sections 35 to 38

40 Assignation, discharge, or restriction, of reserved right to claim compensation

41 Notices: pre-registration requirements etc

42 Further provision as respects sections 18 to 20, 27 and 33

43 Notices and agreements under certain sections: extent of Keeper's duty

44 Referral to Lands Tribunal of notice dispute

45 Circumstances where certain notices may be registered after appointed day

46 . . .

47 Extinction of counter-obligation

48 No implication as to dominant tenement where real burden created in grant in feu

49 Interpretation of Part 4

Part 5 Entails (Ss 50-52)

50 Disentailment on appointed day

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

52 Closure of Register of Entails

Part 6 Miscellaneous (Ss 53-70)

53 Discharge of rights of irritancy

54 Extinction of superior's rights and obligations qua superior

55 Abolition of thirlage

56 Extinction etc of certain payments analogous to feuduty

57 Extinction by prescription of obligation to pay redemption money for feuduty, ground annual etc

58 Crown application

59 Crown may sell or otherwise dispose of land by disposition

60 Preserved right of Crown to maritime burdens

61 Mines of gold and silver

62 Jurisdiction and prerogative of Lord Lyon

63 Baronies and other dignities and offices

64 Abolition of Kindly Tenancies

65 . . .

65 . . .

[65A Sporting rights]

66 Obligation to make title deeds and searches available

67 Prohibition on leases for periods of more than 175 years

68 Certain applications to Sheriff of Chancery

69 Application of 1970 Act to earlier forms of heritable security

70 Ownership of land by a firm

Part 7 General (Ss 71-77)

71 The appointed day

72 Interpretation

73 Feudal terms in enactments and documents: construction after abolition of feudal system

74 Orders, regulations and rules

75 Saving for contractual rights

76 Minor and consequential amendments, repeals and power to amend or repeal enactments

77 Short title and commencement

SCHEDULE 1 Form Of Notice Requiring Compensatory Payment Etc: Cumulo Feuduty

SCHEDULE 2 Form Of Notice Requiring Compensatory Payment Etc: Ordinary Case

SCHEDULE 3 Form Of Instalment Document

SCHEDULE 4 Procedures As To Service Under Section 8(1)

SCHEDULE 5 Form Of Notice Prospectively Nominating Dominant Tenement

[SCHEDULE 5A Form Of Notice Prospectively Converting Real Burden Into Personal Pre-Emption Burden Or Personal Redemption Burden]

[SCHEDULE 5A Form Of Notice Prospectively Converting Real Burden Into Personal Pre-Emption Burden Or Personal Redemption Burden]

[SCHEDULE 5B Form Of Notice Prospectively Converting Real Burden Into Economic Development Burden]

[SCHEDULE 5B Form Of Notice Prospectively Converting Real Burden Into Economic Development Burden]

[SCHEDULE 5C Form Of Notice Prospectively Converting Real Burden Into Health Care Burden]

[SCHEDULE 5C Form Of Notice Prospectively Converting Real Burden Into Health Care Burden]

SCHEDULE 7 Form Of Notice Intimating Application To Lands Tribunal Under Section 20(1)

SCHEDULE 8 Form Of Notice Preserving Conservation Body's Or Scottish Ministers' Right To Real Burden

[SCHEDULE 8A Form Of Notice Nominating Conservation Body Or Scottish Ministers To Have Title To Enforce Real Burden]

[SCHEDULE 8A Form Of Notice Nominating Conservation Body Or Scottish Ministers To Have Title To Enforce Real Burden]

SCHEDULE 9 Form Of Notice Reserving Right To Compensation In Respect Of Extinction Of Development Value Burden

SCHEDULE 10 Procedures As To Service Under Section 35(3)

SCHEDULE 11 Form Of Assignation, Discharge Or Restriction Of Reserved Right To Claim Compensation

[SCHEDULE 11A Form Of Notice Prospectively Converting Sporting Rights Into Tenement In Land]

[SCHEDULE 11A Form Of Notice Prospectively Converting Sporting Rights Into Tenement In Land]

SCHEDULE 12 Minor And Consequential Amendments

Part 1 Minor and Consequential Amendments: General

Part 2 Minor and Consequential Amendments relating to the National Trust for Scotland

SCHEDULE 13 Repeals

Part 1 Repeals: General

Part 2 Repeals relating to the National Trust for Scotland

SCHEDULE 6 Leases