Written Question · S1W-13602 · Session 1
Whether it has any plans to introduce a Tenement Law Bill and, if so, when.
The question
To ask the Scottish Executive whether it has any plans to introduce a Tenement Law Bill and, if so, when.
The answer
The Scottish Law Commission published its Report on the Law of the Tenement (Scot Law Com No 162) in 1998. Following the publication of the subsequent Report on Real Burdens (Scot Law Com No 181) in October 2000, the Executive asked the Commission to update its recommendations on the law of the tenement to take account of its subsequent work on real burdens and title conditions. This is because the management of tenements is governed by rules and conditions set out as rights and real burdens in the relevant title deeds. The modernisation and simplification of the law on real burdens will rationalise the application and enforcement of burdens on all property, including tenements. Reforming the law relating to real burdens and title conditions first will mean that reform of the law of the tenement should be more straightforward. A Tenement (Scotland) Bill will therefore be introduced after enactment of the Title Conditions (Scotland) Bill when an opportunity arises in the legislative programme.
In the Official Report
No contribution in the Official Report cites S1W-13602 by reference.