Scottish Law Commission’s Report on Section 53 of the Title Conditions (Scotland) Act 2003

The Title Conditions (Scotland) Act 2003 provides detailed rules for the creation and content of real burdens on and after 28 November 2004. A real burden is an obligation on the owner of an area of land, either to do something in relation to that area of land, such as an obligation to erect a house, or an obligation not to do something such as an obligation not to use a house for business purposes. This consultation seeks general views on the Scottish Law Commission (SLC) report on section 53 of the Title Conditions (Scotland) Act 2003. In recognition that it has been 7 years since the report was published and in line with the process the Scottish Ministers have set out to Parliament in respect of potential SLC Bills, the 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.