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

In 2019, the Scottish Law Commission published a report and Draft Bill, recommending reform on Section 53 of the Title Conditions (Scotland) Act 2003. Section 53 specially confers a right to enforce real burdens (objections) where there is a common scheme such as a housing estate, tenement or mixed developments, and affects everyone who owns a house. Section 53 primarily deals with common schemes prior to the abolition of the feudal system in 2004. The current wording means it is often unclear who has enforcement rights with extensive investigations often required just to determine if the rights exist. 

The Scottish Law Commission proposes replacing the current Section 53 framework with a clearer and more predictable system.