(1) Where but for paragraph (b) of subsection (1) of section 18 of this Act a superior could proceed under that subsection prospectively to nominate land (in this section referred to as the “prospective dominant tenement”) he may, provided that he has first, in pursuance of section 19 of this Act, attempted to reach agreement as respects the real burden in question with the person who has right to the feu, apply to the Lands Tribunal for an order under subsection (7) of this section; but such an application is competent only if made . . . before the appointed day.
(2) An applicant under subsection (1) above shall include in his application a description of the requisite attempt to reach agreement.
(3) After sending or delivering to the Lands Tribunal an application under subsection (1) above, the superior may, within—
(a) 42 days; or
(b) such longer period of days (being a period which ends before the appointed day) as the Lands Tribunal may allow if it is satisfied that there is good cause for so allowing,
duly execute and register a notice in, or as nearly as may be in,
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