Land Tenure Reform (Scotland) Act 1974

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Land Tenure Reform (Scotland) Act 1974

An Act to provide, as respects Scotland, for the prohibition of new feuduties and other periodical payments from land; for the right to redeem feuduties and other such perpetual payments on a term day; for the redemption by law of feuduties and other such payments on transfer of land; for limitations on the residential use of property subject to long lease and other rights of occupancy; for the variation of heritable securities in the event of residential use of the security subjects; for restrictions on certain rights of reversion, redemption and pre-emption; for limitation of the right to raise an action of irritancy for non-payment of feuduty; for abolition of the right to create leasehold casualties; for the recognition of interposed leases; for amendment of the law relating to registration of leases; for abolition of the registration and recording of documents in the Office of Chancery; and for related matters.

[31 st July 1974]

Be it enactedby the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part IProhibition of Future Feuduties, and Redemption of Feuduties, Etc

1 Prohibition of new feuduties

(1) No deed executed after the commencement of this Act shall impose feuduty; but a deed executed after that date which contains a grant of land in feu shall have effect otherwise as if the grant were subject to a feuduty.

(2) A provision in a deed executed after such commencement which purports to impose feuduty shall not render the deed void or unenforceable, but the deed, if it contains a grant of land in feu, shall be subject to the provisions of subsection (1) above.

2 Prohibition of new ground annuals and other periodical payments from land

(1) No deed executed after the commencement of this Act shall impose ground annual, skat or any other periodical payment (other than feuduty) in respect of the tenure or use of land or under a land obligation, not being a payment in respect of a lease, liferent or other right of occupancy, a payment of teind, stipend or standard charge, a payment in defrayal of or contribution towards some continuing cost related to the land, or a payment under a heritable security.

(2) A provision in a deed executed after such commencement which purports to impose any payment to which subsection (1) above applies shall not render the deed void or unenforceable, but the deed shall have effect only to the extent (if any) that it would have had effect under the law in force befor...

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