WAR DAMAGE TO LAND (SCOTLAND) BILL. (Hansard, 1 September 1939)

§ LORD TEMPLEMORE

My Lords, I beg to move that this Bill be read a second time. This Bill corresponds to the English Landlord and Tenant (War Damage) Bill which was taken through this House a short time ago by my noble friend the Duke of Devonshire, but it differs from it very considerably in view of the great differences between the laws of the two countries regarding land tenure. The main provisions of this Bill are, firstly, that obligations to repair damage to land (which includes buildings) arising from the titles and so forth to the land, or derived from any enactment, are not to extend to war damage. Secondly, power is given to the Sheriff Court on the application of any party interested in land, which suffers war damage, to suspend or modify the terms of the title deeds and so forth relating to the land or to terminate the contract under which it is held. Thirdly, special provision is made in the case of war damage to buildings comprising separate tenements belonging to different people, the Sheriff being empowered to exercise 948 powers conferred on him by the Burgh Police (Scotland) Act, 1892, regarding various buildings belonging to several owners. And fourthly, the repair of war damage to an entailed estate is included among the improvements the cost of which can be charged on the estate by the heir of entail in possession.