PRESERVATION OF NON-FEUDAL TITLE BURDENS

Posted on 25 February 2011

The Abolition of Feudal Tenure etc (Scotland) Act 2000 brought into force legislation which abolished the historical feudal system of land tenure with effect from the 28^th November 2004. On this date, known as the Appointed Day, feudal title burdens became unenforceable, unless a Notice of Preservation had been Recorded prior to that date.

In addition to feudal burdens, the legislation also contained provisions relating to the abolition of certain non-feudal burdens, created in a non-feudal deeds before 28^th November 2004. Before this date where an owner of land conveyed part of it to someone else and imposed burdens on what was conveyed, there was a presumption that these were enforceable by the owner of the retained land. This implied right to enforce these burdens will be extinguished after 28^th November 2014, unless a Notice of Preservation is Recorded with the Registers of Scotland prior to that date.

Only certain burdens are affected and there are complex provisions relating to whether or not a burden can be preserved. If you think that you may currently benefit from burdens on land sold previously then we recommend that you should seek legal advice well in advance of the deadline.

Featured Property

DEVELOPMENT PLOT

COTHALL, FORRES

A rare opportunity to acquire an attractive rural development site with the benefit of Planning Permission for the erection of a detached, three-bedroom dwelling house, together with approximately 12 acres of land.

The plot benefits from Planning Permission for the erection of a one-and-a-half storey, three-bedroom detached dwelling. The planning reference is 23/01916/APP.

Recruitment

RURAL PRACTICE CHARTERED SURVEYOR AND TRAINEE CHARTERED SURVEYOR POSITIONS

Due to an increasing workload, we are looking to expand our rural practice department. Our office is based at Pluscarden, near Elgin, Moray. We currently have a staff of 15 and our core activity is property consultancy and rural estate management.

We are currently accepting applications for both a Rural Practice Chartered Surveyor as well as a Trainee Chartered Surveyor.

The successful applicants will join our rural practice team, which consists of four fully qualified land agents. Both positions are full-time, working Monday to Friday, and salary will be negotiable depending on experience.

If you would like to apply for either position, please email your CV and covering letter to mandy@bowlts.com.

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