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Title Conditions

The Title Conditions Act 2003 forms the second stage of the property law reform programme. It became fully effective on 28 November 2004, the same date as the Abolition of Feudal Tenure etc. (Scotland) Act 2000.

Title conditions affect most land in private ownership. Sellers impose conditions in title deeds, usually on the first sale of a property. For instance, the conditions may say that the purchasers cannot carry out certain activities or that they have to maintain the property.

The 2003 Act modernises and clarifies the law on real burdens and other title conditions that remain following the abolition of the feudal system. It sets out a framework of rules for the imposition of conditions in the system of outright ownership of land, complementing feudal abolition.

Section 46A of the Title Conditions (Scotland) Act 2003, which was inserted by section 68 of the Climate Change (Scotland) Act 2009 comes into force on 1 April 2010. This section will empower property owners, at their discretion, to create climate change burdens on property they own.

The guidance provides information on the affect of this section.

Title Conditions (Scotland) Bill: Consultation paper and draft Bill

Title Conditions (Scotland) Bill: Responses to Consultation (this is an archived version of the Responses to Consultation)

Title Conditions (Scotland) Act 2003

Title Conditions (Scotland) Act 2003: Explanatory Notes

Title Conditions (Scotland) Act 2003 : Policy Memorandum

Sheltered Housing Information

Effect of the Title Conditions (Scotland) Act 2003 on Sheltered and Retirement Housing

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

Management and Maintenance of Common Property - Guidance on the Tenements (Scotland) Act 2004 and the Title Conditions (Scotland) Act 2003 for Housing Professionals