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Lands Tribunal for Scotland

Title Conditions (Scotland) Act 2003

Section 100

Factors to which the Lands Tribunal are to have regard in determining applications etc.

The factors mentioned in section 98 of this Act are –

  1. any change in circumstances since the title condition was created (including, without prejudice to that generality, any change in the character of the benefited property, of the burdened property or of the neighbourhood of the properties);
  2. the extent to which the condition –
    1. confers benefit on the benefited property; or
    2. where there is no benefited property, confers benefit on the public;
  3. the extent to which the condition impedes enjoyment of the burdened property;
  4. if the condition is an obligation to do something, how –
    1. practicable; or
    2. costly,
    it is to comply with the condition;
  5. the length of time which has elapsed since the condition was created;
  6. the purpose of the title condition;
  7. whether in relation to the burdened property there is the consent, or deemed consent, of a planning authority, or the consent of some other regulatory authority, for a use which the condition prevents;
  8. whether the owner of the burdened property is willing to pay compensation;
  9. if the application is under section 90(1)(b)(ii) of this Act, the purpose for which the land is being acquired by the person proposing to register the conveyance; and
  10. any other factor which the Lands Tribunal consider to be material.