文档介绍：REVOLUTION IN SCOTTISH LAND LAW
Andrew J M Steven Lecturer in Law, University of Edinburgh.
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Abstract
On 28 November 2004, Scottish land law will be subject to a radical overhaul. The feudal system of landholding, now unique in the developed world, will finally be swept away. This major reform, however, has necessitated substantive changes in the law relating to perpetual conditions affecting land. The law on real burdens will effectively be codified and the law on servitudes amended. The final piece of the revolution is to place the Scottish law of the tenement (apartment ownership) onto a statutory footing. This article gives an overview of the changes and concludes that they should be of great interest to those involved in developing and reforming the law in other jurisdictions.
1. Introduction
Scottish land law is on the threshold of perhaps the most significant changes in its history. On 28 November 2004, the so-called ‘appointed day’, three fundamental pieces of legislation will be brought wholly into force. The first of these, the Abolition of Feudal Tenure etc (Scotland) Act 2000, It, together with other Scottish legislation, is available at .
will remove the feudal system of landholding. The second, the Title Conditions (Scotland) Act 2003, will effectively introduce a code governing most perpetual obligations affecting land. The third, the Tenements (Scotland) Act 2004, will codify the law relating to flatted property (condominium). Together, the changes amount to a veritable revolution in Scottish land law. This artic