Compulsory Purchase Reform in Scotland

Closes 19 Dec 2025

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Chapter 7 - Implementation - Effect on title

There can be various issues with the title of land which could cause an acquiring authority difficulties in its future use of the land. These include defects in the existing title, and things which give other people some rights over the land and how it is used (real burdens, servitudes, securities, leases and liferents). These issues are discussed in the second part of Chapter 7 of the consultation paper.

There are some remedies in existing legislation, but it is often unclear whether they cover all circumstances. We propose that the new single procedure should remove all these issues, unless the CPO says they are to be retained. This will give the acquiring authority a clear, valid title. 

We propose the same provision should apply even where land is acquired by agreement, if a CPO could have been used. A note should be attached to the title of the land in the Land Register to let people know that a CPO has been (or could have been) used, to help them understand what has happened.

Anyone whose property rights are affected by this approach will have a right to compensation. Even if they are not identified when the CPO is made, they would be able to make a claim when the issue is discovered.

Compulsory Purchase Vesting Declaration (CPVD)

As explained in the first part of Chapter 7, there are currently several different options for implementing a CPO, some of which have multiple stages. Most CPOs are now implemented by a General Vesting Declaration (GVD). This is a single document which directly transfers ownership of the land to the acquiring authority. 

We propose that in the new system there should be a single procedure for implementing CPOs, based on the GVD. We call this a Compulsory Purchase Vesting Declaration (CPVD).

60. Should the new CPVD provide the acquiring authority with a valid title, removing all defects, real burdens, servitudes etc and securities?
61. In relation to section 107 of the Title Conditions Act, should the legislation be amended to clarify that the acquiring authority simply has to have relevant compulsory purchase powers?

More information

If land is acquired by compulsory purchase, it extinguishes real burdens and servitudes and disapplies any development management schemes. Section 107 of the Title Conditions Act provides that when land is acquired by agreement, but could have been acquired compulsorily, it has the same effect. 

There is some doubt whether the acquiring authority just needs to have relevant compulsory purchase powers, or it if must show that it could have obtained a confirmed CPO in the specific circumstances. We propose that s.107 should be amended to clarify that it is only necessary for the authority to have relevant powers. Otherwise a separate process would be required to show that a confirmed CPO could have been obtained.

62. Should acquiring authorities be able to include land in a CPVD which belongs to them, or where they are unsure if it does?

More information

A person cannot normally dispose of land which they own to themselves. This means an acquiring authority cannot include land which it owns in a compulsory purchase. However, there are circumstances where it may be helpful to do this, and cases in built-up areas where it is not clear exactly where the boundaries are. 

We propose that an acquiring authority should be able to include the whole parcel of land in a CPVD, to make sure they have valid title to the whole area. Compensation would be available to anyone later found to have had rights in the land.

63. Should a note be added to the title sheet in the Land Register stating that the title was acquired by compulsory purchase?
64. Would there be any difficulties in including all leases and liferents in a CPVD, extinguishing them in return for compensation?

More information

The current law on the effect of compulsory purchase on leases and liferents is complex. Depending on the circumstances, different procedures are required. In some cases a lease is extinguished by a CPO and the tenant is entitled to compensation, in others the authority acquires the landlord's right and has to take additional steps to end the lease.

A liferent cannot normally be transferred to anyone else, but section 7 of the 1845 Act allows it to be sold to the acquiring authority.