Commentary on Sections Part 3 – Land Section 25 – Extinction of real burdens and servitudes etc.
85.The purpose of section 25 is to ensure that there are no servitudes or burdens on the land acquired by the Scottish Ministers that could conflict with the ability to carry out or to maintain the works. Accordingly, paragraph (a) provides for the automatic extinguishment of any servitude(12) or real burden(13) over land that is within the limits of deviation or is specified in schedule 9. Paragraph (b) similarly provides for the automatic disapplication of any development management scheme(14) on the land acquired compulsorily. Any existing servitudes or real burdens or the application of the development management scheme will cease to apply to that land once the registration of the conveyance occurs. The section is qualified so that a servitude or burden acquired under section 24 is not simultaneously extinguished under section 25.