§ Mr. WelshTo ask the Secretary of State for Scotland if he will make a statement on district councils' legal rights over feudal superiors of land on which houses are owned by district councils or the individual occupiers. [30662]
§ Mr. Raymond S. Robertson[holding answer 27 June 1995]: In general, district councils' relationship with feudal superiors in respect of land is the same as that of any other owners. District councils have, for instance, the same right as other owners to apply to a lands tribunal to seek variation or discharge of feudal rights under section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970.
District councils have no legal rights in relation to feudal superiors of land owned by individual householders.
§ Mr. WelshTo ask the Secretary of State for Scotland what legislation has been enacted to ensure feudal superiors could not repossess council houses bought under the right-to-buy legislation; and if he will make a statement on the legal rights of feudal superiors over land on which a council house has been purchased by the occupier and on the legal rights of the occupiers of houses previously owned by the local council on the ownership of their homes in relation to their feudal superior. [30664]
§ Mr. Robertson[holding answer 10 July 1995]: The legal position is unclear following a decision of the Court of Session on 3 March 1995 which indicated that the right to buy does not prevail over rights of pre-emption of feudal superiors. That decision, however, did not deal with any other feudal rights and did not address the question of whether the superior could exercise a right of irritancy in respect of past right-to-buy sales in contravention of a right of pre-emption.
The need for clarification of the law to protect the rights of purchasers is being considered.