ElectronicjournalofcomparatiVeLaw,vol.8.3(october2004),<http://www.ejcl.or REVOLUTION IN SCOTTISH LAND LAW Andrew M Steven Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or othenwise, except for reasonable quoting, clearly indicating the source. Readers are permitted to make copies, electronically or printed, for personal and classroom use Abstract On 28 November 2004, Scottish land law will be subject to a rad ical overhaul. The feudal system of landholding, now unique in the developed world, will finally be swept away. This major reform, however, has necessitated substantive changes in the law relating to perpetual conditions affecting land. The law on real burdens will effectively be cod ified and the law on servitudes amended. The final piece of the revolution is to place the Scottish law of the tenement(apartment ownership) onto a statutory footing. This article gives an overview of the changes and concludes that they should be of great interest to those involved in developing and reforming the law in other jurisdictions 1. Introduction Scottish land law is on the threshold of perhaps the most significant changes in its history 28 November 2004, the so-called ' appointed day three fundamental pieces of legislation On will be brought wholly into force. The first of these, the abolition of Feudal Tenure etc (Scotland )Act 2000, 2 will remove the feudal system of landholding. The second, the Title Cond itions( Scotland) Act 2003, will effectively introduce a code governing most perpetual obligations affecting land. The third, the Tenements(Scotland)Act 2004, will codify the law lating to flatted property(condominium). Together, the changes amount to a veritable revolution in Scottish land law. This article attempts to give a general account of that revolution. within a comparative law context. 3 2. Why now? Lecturer in Law, UnIversity of Edinburgh It,togetherwithotherScottishlegislationisavailableathttp:/www.scotlan The interested reader will also appreciate KGC Reid, ' Vassals No More: Feudalism and Post Feudalism in Scotland(2003)11 European Review of Private Law 282-300 As the lead Law Commission responsible for the draft versions of the legislation, Professor Reid is the prime mover behind the changesherElectronic Journal of Comparative Law, vol. 8.3 (October 2004), <http://www.ejcl.org/> 1 REVOLUTION IN SCOTTISH LAND LAW Andrew J M Steven1 Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or otherwise, except for reasonable quoting, clearly indicating the source. Readers are permitted to make copies, electronically or printed, for personal and classroom use. Abstract On 28 November 2004, Scottish land law will be subject to a radical overhaul. The feudal system of landholding, now unique in the developed world, will finally be swept away. This major reform, however, has necessitated substantive changes in the law relating to perpetual conditions affecting land. The law on real burdens will effectively be codified and the law on servitudes amended. The final piece of the revolution is to place the Scottish law of the tenement (apartment ownership) onto a statutory footing. This article gives an overview of the changes and concludes that they should be of great interest to those involved in developing and reforming the law in other jurisdictions. 1. Introduction Scottish land law is on the threshold of perhaps the most significant changes in its history. On 28 November 2004, the so-called ‘appointed day’, three fundamental pieces of legislation will be brought wholly into force. The first of these, the Abolition of Feudal Tenure etc (Scotland) Act 2000,2 will remove the feudal system of landholding. The second, the Title Conditions (Scotland) Act 2003, will effectively introduce a code governing most perpetual obligations affecting land. The third, the Tenements (Scotland) Act 2004, will codify the law relating to flatted property (condominium). Together, the changes amount to a veritable revolution in Scottish land law. This article attempts to give a general account of that revolution, within a comparative law context.3 2. Why now? 1 Lecturer in Law, University of Edinburgh. 2 It, together with other Scottish legislation, is available at http://www.scotland￾legislation.hmso.gov.uk/legislation/scotland/about.htm. 3 The interested reader will also appreciate K G C Reid, ‘Vassals No More: Feudalism and Post￾Feudalism in Scotland’ (2003) 11 European Review of Private Law 282-300. As the lead Law Commissioner responsible for the draft versions of the legislation, Professor Reid is the prime mover behind the changes