Title Conditions (Scotland) Act 2003 - Section 53: consultation on the Scottish Law Commission's report

Ministerial Foreword

In April 2019 , the Scottish Law Commission (SLC) published a report and a draft Bill on section 53 of the Title Conditions (Scotland) Act 2003. The work followed a reference from Scottish Ministers asking the SLC to review section 53 in the context of part 4 of that Act and make recommendations for reform.

Section 53 confers a right to enforce real burdens imposed under a common scheme prior to the abolition of the feudal system in 2004. A real burden is a perpetual condition in the title to land controlling how that land is used. Such burdens are common, and are likely to affect anyone who owns their home. It is important that people are clear both about how they may use their land and who is able to enforce a real burden against their property.

It has, though, been some time since the SLC’s recommendations were published. In line with the process that Scottish Ministers set out to the Scottish Parliament in respect of potential Bills implementing older SLC recommendations, this consultation will seek to establish:

• Whether the landscape around this area of the law has changed since the Report was published and, if so, whether the changes are material to the recommendations contained in the Report.
• That the consultation views received by the SLC are still broadly held.

I am pleased therefore to publish this consultation paper and I look forward to considering the responses which will inform our policy in this area.