Statutory Conveyance
by
Insert 1st Party Name
Insert 2nd Party Name
and
Insert 3rd Party Name
In favour of
Scottish Water
Subjects: Insert Subjects or Delete as Required
Ref: JMG/SCO0632/
FAS: 3889
Regulated by the Law Society of Scotland. A list of the members of Harper Macleod LLP is open to inspection at the above office.
Harper Macleod LLP is a limited liability partnership registered in Scotland. Registered Number: S0300331. Registered Office: The Ca’d’oro, 45 Gordon Street, Glasgow G1 3PE
I,
, residing at
the heritable proprietor of the subjects hereinafter disponed FOR NO
CONSIDERATION DO HEREBY Sell, Alienate, Dispone, Convey, Assign and Make Over from me
and my successors to SCOTTISH WATER, established under Section 20 of the Water Industry
(Scotland) Act 2002 and having its principal office at Castle House, 6 Castle Drive, Carnegie
Campus, Dunfermline, Fife KY11 8GG pursuant to Section 46 of the said Water Industry (Scotland)
Act 2002 (hereinafter referred to as "Scottish Water" and the “Special Act” respectively) and their
successors and assignees for ever according to the true intent and meaning of the Special Act ALL
and WHOLE
; AND ALSO TOGETHER WITH (One) the servitude rights set out in Part [2] of
the Schedule annexed and signed as relative hereto(“the Schedule”), which Schedule forms part of
this Statutory Conveyance and will have effect as if set out in full in the body of this Conveyance,
(Two) all rights and pertinents belonging thereto and (Three) my whole right, title and interest
present and future, therein; Registration of this Conveyance shall not extinguish the [Reserved
Rights, Real Burdens and Servitudes] set out Part [3] of the said Schedule; WITH ENTRY to the
disponed property as at
warrandice: IN WITNESS WHEREOF
day of
Two Thousand and
; And I grant
This is the Schedule referred to in the foregoing Statutory Conveyance by
Scottish Water for the sale of
in favour of
, dated of even date herewith.
Schedule
Part 1: Interpretation
In this Schedule:
1
“Apparatus” means all pipes, sewers, drains, connections, manholes and ancillary
apparatus laid by the Disponer that are connected into the pumping station constructed or
to be constructed on/in the Subjects and are vested or are shall in future vest with the
Disponee OR
;
2
“Disponee” means the said Scottish Water as defined in the foregoing Statutory
Conveyance, and their successors in title, or statutory successors as the case may be;
3
“Disponer” means the said
their successors in title;
4
“Disponed Property” means ALL and WHOLE the property disponed in the foregoing
Statutory Conveyance by the said
in favour of Scottish Water.
5
“Plan” means the plan annexed and signed as relative hereto and referred to in the said
foregoing Statutory Conveyance;
6
“Retained Property” means ALL and WHOLE
, under exception of (One) all parts
previously feued or disponed therefrom, and (Two) the Disponed Property;
7
“Servitude Area” means that area of ground forming part of the Retained Property and
extending to
or thereby, being the area shown coloured
on the Plan;
as defined in the foregoing Statutory Conveyance, and
Part 2: Servitudes affecting the Retained Property
The following servitudes are imposed on the Retained Property in favour of the Disponed Property:
1
A heritable and irredeemable servitude right of access for all necessary rights of
pedestrian and vehicular access on a non-exclusive basis over the Servitude Area;
2
A heritable and irredeemable servitude right to lay and thereafter retain, inspect, maintain,
repair and renew the Apparatus in, on and under the Servitude Area, together with all
necessary rights of access thereto for the aforesaid purposes, including for the avoidance
of doubt, the right to dig below the surface of the ground to access the Apparatus and
temporarily fence off and/or secure the Servitude Area while carrying out such works; and
3
A heritable and irredeemable servitude right to lay and thereafter retain, inspect, maintain,
repair and renew any electricity, electronic, telecommunication or telemetry services,
pipes, cables, service supplies or connections necessary for the use and operation of any
apparatus and equipment installed or constructed, or to be installed or constructed by the
Disponee, their tenants or other parties authorised by them, within the Retained Property,
all insofar as the Disponer may competently grant the same, together with all necessary
rights of access thereto.
Part 3: Preserved Rights, Real Burdens and Servitudes
The following Reserved Rights, Real Burdens and Servitudes shall be preserved and shall not be
extinguished by the foregoing Statutory Conveyance:
1
The rights, servitudes and real burdens set out in
of the
of the Burdens Section of the said Land Certificate.
, being entry Number
Part 4: Applications to the Lands Tribunal of Scotland
No application may be made to the Lands Tribunal for Scotland under section 90(1)(a)(i) of the Title
Conditions (Scotland) Act 2003 in respect of the [the servitudes set out in Part 2 of this Schedule]
[and] [the real burdens set out in Part 3 of this Schedule] for a period of five years after the
registration of this Statutory Conveyance in the Land Register of Scotland