A-day looms closer

The appointed day

The Abolition of Feudal Tenure etc (Scotland) Act 2000 (Commencement No 2) (Appointed Day) Order 2003 states that the appointed day under section 71 of the Abolition of Feudal Tenure etc (Scotland) Act 2000 (“the Feudal Abolition Act”) is 28 November 2004. On that day, the feudal system of land tenure is abolished, and real burdens enforceable only by former superiors will be extinguished unless preserved by an appropriate savings notice under the Feudal Abolition Act.

The 28 November is also the day on which the main parts of the Title Conditions (Scotland) Act 2003 (“the Title Conditions Act”) come into force. There will be new rules relating to the constitution of real burdens. In addition, subject to the provisions of sections 50, 52-54 and 56 of the Title Conditions Act, implied rights of enforcement in respect of real burdens constituted prior to the appointed day are extinguished.

Last date for receipt of feudal conveyances and savings notices

The appointed day falls on a Sunday. Friday 26 November 2004 is therefore the last business day for lodging applications for the recording or registration of superiors’ savings notices provided for under the Feudal Abolition Act. The only exception is where a notice is undergoing appeal procedures in terms of section 45 of that Act. Solicitors should take account of the Keeper’s published policy on savings notices, as set out in Registers Update 10. The Keeper will not accept a savings notice lodged after 26 November, without evidence of a court order under section 45(1)(b) determining that the notice is registrable.

The 26 November will also be the last business day on which feu dispositions and other feudal conveyances can be presented for registration. Close of business on that day will be at 4.00pm.  Applications may be lodged either personally at one of the Keeper’s customer service centres or by post, DX or LP to the appropriate address for the relevant county. A full list of DX and LP numbers by county is available on the website: www.ros.gov.uk.

Registers Updates

In the July issue of the Journal, the Keeper indicated that more information regarding registration policy resulting from the legislation would be provided in the late summer and autumn. The Keeper will publish a number of Registers Updates, which will provide detail on the following topics:

• The appointed day and feudal conveyances on or after the appointed day (Published)
• Creation of new burdens/constitutive deeds post-appointed day, and registration requirements for new deed types: notice of preservation; notice of termination; notice of converted servitude; and undertaking not to exercise right of pre-emption. (Publication date: 30 Sep 04)
• Introduction of the sasine application form and changes to the Land Registration (Scotland) Rules 1980. (Publication date: 15 Oct 04)
• Keeper’s policy regarding superiority interests from the appointed day. (Publication date: 31 Oct 04)

Registers Updates are available free of charge and aim to keep you informed on the various aspects of Registers of Scotland’s services, policies and procedures. More details can be found at www.ros.gov.uk/updates, or by contacting Customer Relations on 0131 200 3944.