Jurisdiction(s):
United Kingdom

Real burdens in Scotland: creation, interpretation, enforcement (title and interest), and survival of feudal burdens—flowchart

Published by a LexisNexis Property expert

Flowcharts

This flowchart serves as an aide-mémoire for examining and construing real burdens affecting land in Scotland. It is not a detailed note and, accordingly, appropriate reference should be made to the Title Conditions (Scotland) Act 2003 (TC(S)A 2003) and the Abolition of Feudal Tenure etc (Scotland) Act 2000 (AFT(S)A 2000) for more detail. See Practice Notes: Real burdens in Scotland—creation and interpretation and Real burdens in Scotland—enforcement and extinction and Flowchart: Feudal burden—determining whether it survives the Abolition of Feudal Tenure etc (Scotland) Act 2000—flowchart. Note 1 If the burden originated on...

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Rachel Oliphant

Pinsent Masons

Rachel is a senior practice development lawyer for the Scottish property team at Pinsent Masons and is senior tutor in conveyancing on the Diploma in Legal Practice at The University of Edinburgh. After practising as a commercial property solicitor in England (at Reynolds Porter Chamberlain) and then in Scotland (at McGrigor Donald which she joined in 1995) Rachel became one of the first property professional support lawyers in Scotland in 2001. Rachel's transactional experience was in property development particularly retail development in both England and Scotland. In her current role at Pinsent Masons Rachel is responsible for keeping the property lawyers up to date on changes in property law and market practice, creating and maintaining precedents and organising and delivering training to ensure that the lawyers in the team are fully-equipped with the necessary technical excellence and skills to deliver a...

Web page updated on 22/05/2026

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