S14.21.1 Notice of Termination (S20)
If at least 100 years have passed since the deed setting out a burden was recorded then the owner of the burdened property may execute and register a Notice against his property which will effect the extinction of that burden. This is intended as a relatively simple method of extinguishing old burdens which have outlived their usefulness.
NOTICE OF TERMINATION (in terms of Section 20 of The Title Conditions (Scotland) Act 2003) by (1), as (2) of burdened property, being (3) – TERMINATING burdens referred to in (4) , {wholly/to extent} as thereinmentioned. Dated (5); [with Certificate of Lands Tribunal of Scotland, dated (6), attached/endorsed thereon, terminating the burden to the extent thereinmentioned.].
- – Name and designation of Terminator
- – Terminators connection with burdened property (proprietor/tenant/user)
- – description of property
- – reference to deed that created burdens
- – date of execution
- – date of execution by the Lands Tribunal (if provided).
Legal Examination
The legal examiner should check the following points
- Deed that created burden is over 100 years old.
- Oath or affirmation is present, complete with execution of Notary and terminator.
- Notice requires to be self-proving. If Terminator signs and Notary Public both signs and is named and designed, this meets self-proving status without additional witnesses.
- Lands Tribunal Certificate must be annexed or endorsed on Notice and needs to meet the requirements of the 1995 Act. This is a recording pre-requisite. The deed cannot be accepted if there is no certificate. The inclusion of the certificate should not be minuted unless it actually determines the extent of the termination.
- Burden/s set out in full plus reference to deed constituting it/them.
- Only appropriate Terminator can terminate certain burden types. Only owner can terminate affirmative burden. Owner/tenant/user can terminate negative or ancillary burden. This is not a strict rejection matter. Point should be raised with Agent but if they insist, the deed should be recorded.
- Can the specific burden/s ever be terminated? Act provides list of burdens that cannot be terminated. Point should be raised with Agent but if they insist, deed should be recorded.
- Links in title narrated (if required, i.e. where terminator (owner) does not have a recorded title).
- Description of burdened property is there and sufficient to identify burdened property in Sasine Register. Description by reference only to an attached plan is not acceptable.
- Deed only requires to be recorded against the burdened property.
- All the ‘boxes’ in the prescribed form have been filled in.
Example Minute:
ANG 04038 (No.13) 04 Sep. 2006
NOTICE OF TERMINATION (in terms of Section 20(1) of The Title Conditions (Scotland) Act 2003) by SHIRLEY DUNCAN STEWART RICHARDSON, 328 Blackness Road, Dundee, as Proprietor of burdened property, being ground forming 13 HILLCREST ROAD, DUNDEE, extending to 20 poles 28 yards, referred to in Feu Con. to which James Scott Jun. was a party, recorded 17 Jan. 1905 - TERMINATING burdens referred to in said Feu Con. Dated 28 Apr. 2006.
Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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