Rights of pre-emption

It is no longer possible to create rights of pre-emption as personal real burdens (unless the right is in favour of a rural housing body). A right of pre-emption, post-Appointed Day, can only be created as a praedial real burden in favour of a benefited property.

Burdened or benefited property held pro indiviso

It is not competent to create burdens over a pro indiviso share of property (s.4(6)). This means, for example, that a Housing Association cannot create real burdens in a Disposition of a pro indiviso share that affect only the share being sold.

For the avoidance of doubt, this does not prevent nomination of a burdened or benefited property that may incidentally include a pro indiviso share, such as a flat disponed together with a pro indiviso share of a drying green.

Any attempt to impose real burdens on or in favour of a pro indiviso share should be referred to a Sasines RO1 referral officer who will provide advice on how to proceed.

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