Whether any possible benefits arising from the delayed introduction of all of the provisions of the Abolition of Feudal Tenure etc. (Scotla…

The delay is required in order to allow transitional arrangements to be put in place. Both the Scottish Law Commission and the Law Society of Scotland have suggested that commencement of the 2000 Act should be delayed for a period of at least two years to allow for these arrangements. It was always apparent that the provisions of the 2000 Act on feudal burdens might be affected by the proposed Title Conditions Bill. It would be unfair and undesirable to allow superiors to go to the expense and effort of identifying properties for which they could register notices to preserve burdens, when the position for feudal burdens might be amended by the Title Conditions Bill. We also undertook to reconsider certain aspects of the 2000 Act which were criticised during its passage. To implement Part 4 of the Act (on real burdens) now would ignore these legitimate concerns.It is possible at present for vassals to apply, under section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970, to seek an order from the Lands Tribunal for Scotland to vary or discharge a land obligation. The Tribunal will grant such an order if it is satisfied that the burden is unreasonable, inappropriate, unduly burdensome or impedes some reasonable use of the land.Scottish ministers remain wholly committed to the reform of the land tenure system in Scotland and any delay is restricted to that which is essential in order to ensure an orderly and sensible transition.