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The current law on common good law is found in various statutes including: the Town and Country Planning (Scotland) Act 1947, the Local Government (Scotland) Act 1973, Local Government (Scotland) Act 1994, the Community Empowerment (Scotland) Act 2015 and common law decisions. Property can be inalienable or alienable depending on the nature of ...
Under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, [117] an order for rectification of a defectively expressed contract that is registered in the Land Register (such as a lease or deed or servitude) will only affect any property rights upon its registration in the Land Register.
The Land Reform (Scotland) Act 2003 has three parts, with provisions regarding three areas of land rights in Scotland; the creation of a legal framework for land access, the community right to buy and crofting community right to buy. [12] The first part formalises the tradition in Scotland of unhindered access to open countryside.
Under the Land and Buildings Transaction Tax (Scotland) Act 2013, a land transaction must be notified to Revenue Scotland unless it falls within one of the exempt categories contained in the Act. [1] Revenue Scotland administers and collects LBTT with support from Registers of Scotland. [2] [3]
The rights covers any non-motorised activity, including walking, cycling, horse-riding and camping, and also allow access on inland water for canoeing, rowing, sailing and swimming. [4] The rights confirmed in the Scottish legislation are greater than the limited rights of access created in England and Wales by the Countryside and Rights of Way ...
The publicity principle requires that in transfers of all property, there is a need for an external (i.e.: public) act in order to create or transfer real rights (or rights in rem). In Scots law, the publicity principle has not been analysed in great detail.
The Tenements (Scotland) Act 2004 is an Act of the Scottish Parliament which is the main source of the law of the tenement, which regulates tenement flats.. The Act is part of a package of land reforms together with the Abolition of Feudal Tenure etc. (Scotland) Act 2000 and the Title Conditions (Scotland) Act 2003, all of which commenced on 28 November 2004.
The Land Reform (Scotland) Act 2003 is an Act of the Scottish Parliament which establishes statutory public rights of access to land and makes provisions under which bodies representing rural and crofting communities may buy land. [1]