Commentary on Sections Part 10: Miscellaneous Section 115: Further provision as respects notices of preservation or of converted servitude
485.This section contains some supplementary rules in relation to notices of preservation (section 50) and of converted servitude (section 80).
486.Subsections (2) and (3) are based on section 41(3) and (4) of the 2000 Act. They impose a duty, in the normal case, to send a copy of the notice (and explanatory note) to the owner of the burdened property. Normal service will be by post and must precede registration. The notice must contain a statement about service, or an explanation as to why service was not reasonably practicable. Further provisions about sending are contained in section 124.
487.Subsection (4) allows all real burdens or servitudes contained in any particular constitutive deed to be included in a single notice.
488.Subsection (5) is based on section 43(1) of the 2000 Act and relieves the Keeper from having to verify that the notice was duly sent to the owner of the burdened property.
489.A notice which is incomplete or inaccurate may be rejected by the Keeper. Such a rejection might be challenged in the Lands Tribunal or the courts. Subsections (6)to (8) are based on section 45 of the 2000 Act. They allow registration outwith the ten year period in circumstances where a notice has been wrongly rejected by the Keeper. The notice would have to be registered within two months of the determination that the notice was in actual fact registrable.