My clients title has a pre-emption burden in favour of the former superior. What is the position with regard to such burdens?
A. Where a right of pre-emption was enforceable only by the feudal superior, then where a superior did not register a savings notice prior to 28 November 2004, this burden is extinguished. In line with the operation of the transitional period explained in Real burdens extinguished by operation of either the 2000 or the 2003 Acts below, the Keeper will continue to enter former pre-emptions which may have been extinguished by operation of either Act in existing titles sheets and title sheets created after 28 November 2004.
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