Scottish Law Commission’s Report on Section 53 of the Title Conditions (Scotland) Act 2003

Page 1 of 5

Closes 15 May 2026

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Questions

1. Are you content that sections 52 and 53 of the Title Conditions (Scotland) Act 2003 could be replaced with a single provision regulating implied enforcement rights in relation to common schemes?
2. Are you content with the Scottish Law Commission’s definition of “common scheme”?

More information

See paragraphs 3.22 to 3.35 of the Report.

If not, please provide your reasons.

3. Do you agree with the Scottish Law Commission’s five rules conferring implied enforcement rights in common schemes which pre-date feudal abolition?

More information

See paragraphs 3.48 to 3.84 of the Report.

If not, please provide your reasons.

4. Do you have any comments on any other of the Scottish Law Commission’s recommendations for reform?
5. Are you aware of any subsequent case law or legislation which impacts on any of the recommendations contained in the Scottish Law Commission’s Report?

If yes, please provide details.

6. Are you aware of change in conveyancing law practice which impacts on any of the recommendations contained in the Report?

If yes, please provide details.

7. Do you have any comments on the draft Bill included in the Scottish Law Commission’s Report?
8. Do you agree that it should be a requirement for there to be notice of the common scheme in the title of the burdened property?
9. Do you agree that 2 years is an appropriate period during which a notice preserving enforcement rights should be registered?
10. Do you have any views on the proposal that there should be a special fee arrangement where an owner needs to raise multiple preservation notices?
11. What information or data do you have on: (a) the economic impact of section 53 of the Title Conditions (Scotland) Act 2003, or (b) the potential economic impact of the reform proposed by the Scottish Law Commission in its draft Bill.
12. Are there any direct or indirect impacts on children and young people as a result of the legislative proposals set out in the Scottish Law Commission's draft Bill?

If so, what are they?

13. Is there any impact on specific groups of children and young people as a result of the legislative proposals set out in the Scottish Law Commission's draft Bill?

If so, what are they?