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A Guide to the Abolition of Feudal Tenure Act and the Title Conditions Act for Housing Associations

DescriptionSummary of the main provisions of two property law reform Acts as they affect hosuing associaitons. Generally covers conditions found in title deeds.
ISBN0-7559-4220-5
Official Print Publication Date
Website Publication DateAugust 04, 2004

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A GUIDE TO THE ABOLITION OF FEUDAL TENURE ACT AND THE TITLE CONDITIONS ACT FOR HOUSING ASSOCIATIONS

Property Law Reform: A Guide for Housing Associations

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Contents

INTRODUCTION
CHAPTER 1 - HOUSING ASSOCIATIONS AND WHAT TO DO WITH EXISTING FEUDAL RIGHTS
Overview
Types of Burden: Facility/Amenity/Manager
Action Housing Associations Should Consider
CHAPTER 2 - PRESERVING FEUDAL BURDENS
Questions & Answers
The 100 Metre Rule
Special Types of Burden
Pre -emptions
Rural Housing Burdens
Development Value Burdens
Saving Feudal Burdens Flowchart
CHAPTER 3 - PRESERVING ENFORCEMENT RIGHTS IN COMMUNITIES
Burdens in Communities
Enforcing Conditions
CHAPTER 4 - MANAGER BURDENS
How Long Will an Association Keep the Right to Appoint a Manager?
Manager Dismissal/Appointment
Manager Burdens Flowchart
CHAPTER 5 - A MORE DETAILED EXPLANATION OF TITLE CONDITIONS
Real Burdens: Definition
How do the Different Names for Burdens Interact?
Personal Real Burdens
Burdened and Benefited Land
Invalid Burdens
Dual Registration
Content of Burdens
Title to Enforce
Interest to Enforce
CHAPTER 6 - COMMUNITY BURDENS
Majority Decision Making
Lands Tribunal
Arranging Maintenance
Enforcing Community Burdens
Shared Equity/Shared Ownership
Flowchart for Community Variation/Discharge
CHAPTER 7 - THE DEVELOPMENT MANAGEMENT SCHEME
CHAPTER 8 - SHELTERED HOUSING
Community Burdens
Core Elements
Minimum Age Requirement
Delegation of Powers to a Manager
Manager Burdens in Sheltered Housing
Dismissal of a Manager
CHAPTER 9 - FEU DUTY
Background to the Feudal System
Feu Duty
Claiming Compensation
Feu Duty Compensation Process Flowchart
CHAPTER 10 - TENEMENTS (SCOTLAND) BILL
CHAPTER 11 - TIMELINE
CHAPTER 12 - NOTABLE SECTIONS OF THE TITLE CONDITIONS ACT
CHAPTER 13 - GLOSSARY