We, THE MOST HONOURABLE GRANVILLE CHARLES GOMER MARQUESS OF
HUNTLY, of Aboyne Castle, Aboyne, Aberdeenshire, THE NATIONAL TRUST FOR
SCOTLAND FOR PLACES OF HISTORIC INTEREST OR NATURAL BEAUTY,
incorporated by The National Trust for Scotland Order Confirmation Acts 1935-73 being a
charity registered in Scotland (charity number SC007410) and having its principal office at
Hermiston Quay, 5 Cultins Road, Edinburgh EH11 4DF and HUGH PATRICK YOUNGER,
Writer to the Signet, of 3 Glenfinlas Street, Edinburgh EH3 6AQ the present Trustees acting
under Deed of Trust by John Peter Grant the then Younger of Rothiemurchus (now John Peter
Grant of Rothiemurchus) dated Twenty Sixth May and subsequent dales and registered in the
Books of Council & Session on Eleventh July both months Nineteen Hundred and Eighty (the
"Trustees"),

proprietors

of

the

Conveyed

Property

(as

hereinafter

defined)

IN

CONSIDERATION OF (i) the sum of ONE HUNDRED AND NINETEEN THOUSAND
EIGHT HUNDRED AND EIGHTY SIX POUNDS (£119,886) STERLING paid to us by
THE SCOTTISH MINISTERS (the "Purchaser") of which sum we acknowledge receipt and
(ii) the grant to us by the said The Scottish Ministers of the heritable servitude rights set out in
Part 2 of the Schedule (hereinafter defined) DO HEREBY DISPONE to and in favour of the
said The Scottish Ministers and their successors and assignees whomsoever ALL and WHOLE
those subjects at Rothiemurchus Estate in the County of Inverness shown hatched in green and
partly edged in black on the Plan (as defined in the Schedule (hereinafter defined), the subjects
and others hereby disponed hereinafter referred to as the "Conveyed Property"); Declaring for the
avoidance of doubt that the easternmost boundary line of the Conveyed Property extends to the
parish boundary of the Parish of Rothiemurchus and Duthil; and which Conveyed Property forms
part and portion of the subjects more particularly described in and disponed by the 1967
Disposition (as defined in the Schedule); TOGETHER WITH (One) all buildings, erections and
fixtures and fittings thereon, (Two) all rights and pertinents thereto, (Three) subject to the Leases
(as defined in the Schedule), the whole timber both standing and fallen thereon, (Four) our whole
right title and interest therein and thereto as trustees foresaid, (Five) the heritable servitude rights
set out in Part 12 of the schedule annexed and signed as relative hereto (the "Schedule"), which
Schedule forms part of this Disposition and shall have effect as if set out in full in the body of this
Disposition, subject always to the servitude conditions set out in Part 13 of the Schedule, and
(Six) the right to the real burdens set out in Parts 9, 10, 11 and 14 of the Schedule; And the
Conveyed Property is disponed ALWAYS WITH AND UNDER (First) so far as valid,
subsisting and applicable the whole reservations, burdens, conditions and others referred to
and/or specified and contained in the title deeds for the Conveyed Property including but without

 prejudice to the foregoing generality the burdens, conditions, obligations, restrictions and others
(a) referred to in the 1967 Disposition and (b) specified and contained in Deed of Servitude by the
Trustees in favour of James Patrick Grant, the Younger of Rothiemurchus, dated Thirtieth
January, Sixth and Seventh March and recorded in the said Division of the General Register of
Sasines on Eleventh March all in the year Two thousand and fourteen as varied by this
Disposition, (Second) the real burdens set out in Part 1 of the Schedule and (Third) the servitudes
set out in Parts 2A, 3 and 4 of the Schedule; with ENTRY AND (subject lo the Leases)
VACANT POSSESSION on the Date of Entry (as defined in the Schedule) notwithstanding the
date or dates hereof; Which subjects hereby disponed were last vested in John Peter Grant of
Rothiemurchus (the then Younger of Rothiemurchus), the said The Most Honourable Granville
Charles Gomer Marquess of Huntly (then the Honourable Granville Charles Gomer Gordon, Earl
of Aboyne), Robert McArthur, Ewen Kennedy Cameron and the National Trust for Scotland as
Trustees whose title thereto was recorded by Disposition by Robert Withington Pearson and
Another as Trustees thereinmentioned in favour of John Peter Grant, The Younger of
Rothiemurchus and Others as Trustees thereinmentioned dated Twenty third November and Sixth
December both months Nineteen hundred and eighty four and recorded in the said Division of the
General Register of Sasines on Twenty eighth March Nineteen hundred and eighty five and from
whom we acquired right

as Trustees foresaid by virtue of (i) Deed of Assumption and

Conveyance in favour of William Berry incorporating Minute of Resignation by Ewen Kennedy
Cameron registered in the Books of Council and Session on Twenty first February Nineteen
hundred and eighty six, (ii) Deed of Resignation by John Peter Grant of Rothiemurchus dated
Twenty seventh June Nineteen hundred and ninety seven and subsequent dates and (iii) Deed of
Assumption and Conveyance in favour of Hugh Patrick Younger incorporating Minute of
Resignation by William Berry registered in the Books of Council and Session on Twenty third
November Two thousand and one; And we as Trustees foresaid grant warrandice from our own
facts and deeds only and bind the Trust Estate under our charge in absolute warrandice but
excepting always therefrom (a) Minute of Lease between James Craufuird Roger Inglis and
Others as Trustees thereinmentioned and Malcolm Hugh Dees McAlpine dated Thirteenth,
Twenty first and Twenty second March Nineteen hundred and seventy two as may be varied from
time to time the tenant's interest under said Minute of Lease now being registered in the Land
Register of Scotland under Title Number INV30897, (b) Minute of Lease between John Peter
Grant of Rothiemurchus and Others as Trustees acting under Deed of Trust by John Peter Grant
of Rothiemurchus dated Twenty sixth May Nineteen hundred and eighty and subsequent dates
and The General Officer Commanding Scotland (Army) dated Twelfth July Nineteen hundred
and eighty nine and subsequent dates and the tenants' rights thereunder and (c) all existing

 servitudes and rights of wayleave, rights of way which the general public may enjoy and the
rights of suppliers of water, gas, electricity, lighting, telephone and other services in and to any
service media within the Conveyed Property and that whether contained in the title deeds and
whether formally constituted or not; And WE, (i) the Trustees, (ii) James Patrick Grant, the
Younger of Rothiemurchus residing at Caretaker's Flat, Drumintoul Lodge, Coylumbridge,
Aviemore, Inverness-shire PH22 1QU and (iii) the Purchaser, each for our respective rights and
interests, by our subscription hereof, HEREBY VARY the terms of servitude rights

and

conditions contained in the said Deed of Servitude by the Trustees in favour of James Patrick
Grant the Younger of Rothiemurchus dated and recorded as aforesaid all in terms of Part 8 of the
Schedule with effect from the Date of Entry (as defined in the Schedule); And the Purchaser as
proprietor of Glenmore Forest (as defined in the Schedule) HEREBY GRANTS (one) the
servitude rights set out in Part 2B of the Schedule subject always to the servitude conditions set
out in Part 5 of the Schedule and that with effect from the Date of Entry (as defined in the
Schedule) notwithstanding the date or dates hereof, in respect of which the Purchaser in its
capacity aforesaid hereby grants to the REMT Property Proprietor warrandice; And WE, the
Trustees and the Purchaser, each for our respective rights and interests, HEREBY GRANT
(PRIMO) the non-exclusive servitude rights set out in Part 3 of the Schedule for the benefit of
Lower Rothiemurchus (as defined in the Schedule) subject always to the servitude conditions set
out in Part 6 of the Schedule and that with effect from the Date of Entry notwithstanding the date
or dates hereof and grant to the Lower Rothiemurchus Proprietor (as defined in the Schedule)
warrandice in respect thereof and (SECUNDO) the non-exclusive servitude rights set out in Part
4 of the Schedule for the benefit of Upper Rothiemurchus (as defined in the Schedule) subject
always to the servitude conditions set out in Part 7 of the Schedule and that with effect from the
Date of Entry notwithstanding the date or dates hereof and grant to the Upper Rothiemurchus
Proprietor (as defined in the Schedule) warrandice in respect thereof; And WE, the Trustees and
the Purchaser, each for our respective rights and interest, HEREBY IMPOSE on Glenmore
Forest (as defined in the Schedule) the real burdens in favour of the Conveyed Property and the
REMT Property (as defined in the Schedule) set out in Part 14 of the Schedule and that with
effect from the Date of Entry notwithstanding the date or dates hereof; And WE, the Trustees and
John Peter Grant of Rothiemurchus of The Doune of Rothiemurchus, by Aviemore, Invernessshire, each for our respective rights and interest, HEREBY IMPOSE on Lower Rothiemurchus
(as defined in the Schedule) the real burdens in favour of the Conveyed Property set out in Part
10

of

the

Schedule

and

that

notwithstanding the date or dates hereof ;

with
And

effect

from

the

Dale

of

Entry

WE, the Trustees and the said James

 Patrick Grant, Younger of Rothiemurchus, each for our respective rights and interest. HEREBY
IMPOSE on Upper Rothicmurchus (as defined in the Schedule) the real burdens in favour of the
Conveyed Property set out in Part 11 of the Schedule and that with effect from the Date of Entry
notwithstanding the date or dates hereof No application may be made to the Lands Tribunal for
Scotland under section 9Q(O(aX0 of the Title Conditions (Scotland) Act 2003 in respect of the
real burdens and servitude conditions set out in Parts 1, 5, 6, 7t 8, 9, 10, 11, 13 and 14 of the
Schedule and the servitudes set out in Parts 2A» 2B, 3, 4 and 12 of the Schedule for a period of
five years after the registration of this disposition in the Land Register of Scotland; IN
WITNESS WHEREOF these presents typewritten on this and the previous 3 pages, together

with the Plan and the Schedule annexed, are executed as follows: they are signed by John fleter
Grant of Rothiemurchus and James Patrick Grant, the Younger of Rothiemurchus at Aviemore
on 16th April 2014 in the? presence of Sarah Any Ruth Stewart of 3 (.lonfinlnc: Street, Edinburgh
and for an on behalf of the Rothiemurchus Estate ffeintenance Trust by Alexander Pfertin Bennett,
Authorised Signatory, of The National Trust for Scotland for Places of Historic Interest or
Natural Beauty, as Trustee at Avienore on 16th April 2014 in the presence of the said Sarah
Amy Ruth Stewart and by Hugji trick Younger, as Trustee at Edinburgh on 17th April 2014 in
the presence of Ross Andrew Siiipson of 3 Glenfinlas Street, aforesaid, both Trustees signing
as a quorum of Trustees of the Rothianurchus Estate teintenance Trust and for and on behalf
of the Scottish Ministers by Laurence Henry Tyson, Authorised Signatory, at Edinburgh on 17th
April 2014 in the presence of the said Ross Andrew Simpson aforesaid.

C^WA&^ff/^OVitness)

(A Bennett)
(John P Grant)

(Witness)

(James P Grant)

(Witness)

>7r.V]^r..

,/"S

(Witness)

jJJP Younger)

(Witness)

(SM)

 This is (he Schedule relative to the Disposition in favour of the Scottish Ministers by
The Trustees of the Rothiemurchus Estate Maintenance Trust relative to the
Rothievnurchus Upper Forest, Rothiemurchus Estate

Interpretation
Save to the extent that the context or the express provisions herein otherwise require, in this
Disposition:
The following definitions apply:
"1967 Disposition" means Disposition by Lieutenant Colonel John Peter Grant M.B.E.
of Rothiemurchus in favour of James Craufuird Roger Inglis and Robert Withington
Pearson acting under the Deed of Trust granted by Lieutenant Colonel John Peter Grant
M.B.E of Rothiemurchus dated said Disposition Sixteenth April Nineteen hundred and
sixty six and recorded in the said Division of the General Register of Sasines applicable
to the County of Inverness on Second February Nineteen hundred and sixty seven;
"1976 Disposition1' means the Disposition by Robert Withington Pearson and Robert
McArthur, Trustees acting under the Deed of Trust granted by Lieutenant Colonel John
Peler Grant M.B.E of Rothiemurchus in favour of John Peter Grant, the then Younger of
Rothiemurchus (now John Peter Grant of Rothiemurchus) dated Twenty second and
Twenty ninth June and recorded in the said Division of the General Register of Sasines
on Twentieth July both months Nineteen hundred and seventy six;
"1985 Disposition" means the Disposition by Robert Withington Pearson and Robert
McArthur, Trustees acting under the Deed of Trust granted by Lieutenant Colonel John
Peter Grant M.B.E of Rothiemurchus in favour of John Peter Grant, the then Younger of
Rothiemurchus (now John Peter Grant of Rothiemurchus) dated Twenty third November
and Sixth December both months Nineteen hundred and eighty four and recorded in the
said Division of the General Register of Sasines on Twenty eighth March Nineteen
hundred and eighty five;
"1998 Disposition" means the Disposition by John Peter Grant of Rothiemurchus
(formerly the Younger of Rothiemurchus) in favour of James Patrick Grant, the
Younger of Rothiemurchus dated Twenty second January and recorded in the said
Division of the General Register of Sasines on Twelfth February both months of
Nineteen hundred and ninety eight;
"Access Routes" means collectively the whole roadways, tracks and others over which
any of the Parties have servitude rights of access in terms of this Deed;
"All Necessary Purposes" means pedestrian and vehicular access for all types and
specification of vehicles together with equipment and materials for all necessary
purposes including without prejudice to the foregoing generality all agricultural, estate,
building construction and forestry purposes including for timber harvesting and
extraction;
"Conveyed Property" has the meaning ascribed to it in the foregoing Disposition;

 "Conveyed Property Proprietor" means the Purchaser (as defined in the foregoing
Disposition) and their successors and assignees as heritable proprietors of the Conveyed
Properly or any part thereof;
"Date of Entry" means Seventeenth April Two thousand and fourteen notwithstanding
the date or dates hereof;
"Deed of Servitude" means the Deed of Servitude between the Trustees and James
Patrick Grant, Younger of Rothiemurchus dated Thirtieth January and Sixth and
Seventh March and recorded in the said Division of the General Register of Sasines on
Eleventh March all in the year Two thousand and fourteen;
"Emergency Purposes Only" means pedestrian and vehicular access for emergency
purposes only which vehicular access is restricted to Light Vehicles and emergency
vehicles;
"General Estate Purposes" means pedestrian and vehicular access for all types and
specification of vehicles together with equipment and materials for all necessary
purposes including without prejudice to the foregoing generality all agricultural, estate,
building construction and forestry purposes but excluding timber harvesting and
extraction;
"Glenmore Forest" means ALL and WHOLE the lands of Glenmore Forest in the
United Parishes of Abemethy and Kincardine and County of Inverness being the
subjects more particularly described in, disponed by and indicated by a boundary line
marked in red on the conjoined sheets of the six inch Ordnance Survey plan relative to
Disposition by The Most Noble Charles Henry Gordon Lennox Duke of Richmond
Gordon and Lennox K.G. and The Right Honourable Charles Henry Gordon Lennox
Earl of March and Darnley in favour of the Forestry Commissioners dated Ninth and
twelfth November and recorded in the Division of the General Register of Sasines
applicable to the County of Inverness on Sixteenth November Nineteen hundred and
twenty three under exception of those parts previously conveyed;
"Glenmore Forest Proprietor" means the Purchaser (as defined in the foregoing
Disposition) and their successors and assignees as heritable proprietors of Glenmore or
any part thereof;
"Leases" means (i) the lease between the said John Peter Grant of Rothiemurchus and
Andrew MacKenzie constituted by an informal exchange of letters affecting that part of
the Conveyed Property known as the "Badaguish Access Road", (ii) Minute of Lease
between John Peter Grant of Rothiemurchus and Others as Trustees acting under Deed
of Trust by John Peter Grant dated Twenty sixth May Nineteen hundred and eighty and
subsequent dates and The General Officer Commanding Scotland (Army) dated Twelfth
July Nineteen hundred and eighty nine and subsequent dates and (iii) the lease between
James Craufuird Roger Inglis and Robert Withington Pearson, Trustees acting under
Deed of Trust by Lieutenant Colonel John Peter Grant M.B.E., of Rothiemurchus dated
Sixteenth April Nineteen hundred and sixty six and registered in the Books of Council
and Session on Sixteenth January Nineteen hundred and sixty seven in favour of
Malcolm Hugh Dees McAlpine dated Thirteenth March Nineteen hundred and seventy
two and subsequent dates, the tenant's interest in which lease is now registered in the
Land Register under Title Number INV30897;

 "Light Vehicles" means light vehicles no larger than 4x4 vehicles with an unladen
weight up to 4 tonnes;
"Lower Rothiemurchus" means the subjects more particularly described in and
disponed by the 1967 Disposition, under exception of (a) the Conveyed Property and (b)
all other parts so far disponed by the said John Peter Grant of Rothiemurchus and his
predecessors in title;
"Lower Rothiemurchus Proprietor" means the said John Peter Grant of
Rothiemurchus and his successors and assignees as heritable proprietors of Lower
Rothiemurchus or any part thereof;
"Parties" means the Conveyed Property Proprietor, the REMT Property Proprietor and
the Lower Rothiemurchus Proprietor, Upper Rothiemurchus Proprietor and Glenmore
Forest Proprietor (and "Party" shall be construed accordingly);
"Plan 1" means the plan marked "Plan 1" annexed and signed as relative hereto;
"REMT Property" means ALL and WHOLE the subjects described in Disposition by
Robert Withington Pearson and Another as Trustees thereinmentioned in favour of John
Peter Grant, The Younger of Rothiemurchus and Others as Trustees thereinmentioned
dated Twenty third November and Sixth December both months Nineteen hundred and
eighty four and recorded in the said Division of the General Register of Sasines on
Twenty eighth March Nineteen hundred and eighty five under exception of (a) the
Conveyed Property and (b) all other parts so far disponed by the Trustees and their
predecessors in title;
"REMT Property Proprietor" means the Trustees and, where appropriate, their
respective successors in office as Trustees, and in each case their respective successors as
proprietors of the REMT Property;
"Service Media" means service or conducting media including without limitation all
water and soil pipes, water tanks, drains, sewers, gutters, downpipes, gas pipes, fuel
pipes, oil pipes, electricity cables, television and telephone cables, ducts, flues, wires,
conduits, distribution equipment, meters, mains, wastewater treatment systems and all
other plant, equipment and apparatus for the provision or supply of services such as
water, drainage, electricity and telecommunications;
"Trustees" has the meaning ascribed to in the foregoing Disposition;
"Upper Rothiemurchus" means the subjects described in, disponed by and shown
delineated and cross-hatched in red on the plan annexed to the 1998 Disposition under
exception of the Conveyed Property;
"Upper Rothiemurclms Proprietor" means the said James Patrick Grant, the Younger
of Roihiemurchus and his successors and assignees as heritable proprietors of Upper
Rothiemurchus or any part thereof;
"Works" means any works carried out by or on behalf of any of the Parties pursuant to
servitude rights contained in this Deed.
'
2.

Words importing any gender include all other genders.

 Where at any one time there are two or more persons included in the expression
"Conveyed Property Proprietor" or "Lower Rothiemurchus Proprietor" or "Upper
Rothiemurchus Proprietor" or "Glenmore Forest Proprietor" obligations contained in
this Disposition which are expressed to be made by the party denoted by the expression
in question are binding jointly and severally on them and their respective executors and
representatives whomsoever without the necessity of discussing them in their order.
4.

Words importing individuals include legal persons and vice versa.
References to this Disposition or to any other document are to be construed as reference
to this Disposition or to that other document as modified, amended, varied,
supplemented, assigned, novated or replaced from time to time.

6.

Any reference to a Clause, Condition, Schedule or Part of the Schedule is to the relevant
Clause, Condition, Schedule or Part of the Schedule of or to this Disposition.

7.

Any phrase introduced by the words "including", "include", "in particular" or any
similar expression is to be construed as illustrative only and is not to be construed as
limiting the generality of any preceding words.

8.

Any rights reserved to the Lower Rothiemurchus Proprietor or the Upper
Rothiemurchus Proprietor or the REMT Property Proprietor are exercisable by the
tenants, agents, employees, workmen and others authorised by them from time to time.
Any obligation on the Conveyed Property Proprietor to do or refrain from doing
something in this Disposition shall be construed as to include a corresponding obligation
to ensure compliance by its employees, workmen, contractors or others for whom it is
responsible.

10.

The headings and sub-headings of this Disposition are for convenience only and shall
not affect its interpretation.

11.

For the avoidance of doubt, any reference to maintenance according to user or
equivalent will take into account not only the frequency of use but also the nature of any
vehicles which are being used.

 Part 1
Real Burdens imposed on the Conveyed Property
The following real burdens are imposed as a real burden on the Conveyed Property as the
burdened property in favour of the REMT Property as the benefited property all to be carried
out at the Conveyed Property Proprietor's cost:

1

Pre-emption

1.1

The Conveyed Property Proprietor shall not sell the Conveyed Property or any part
thereof (in this clause "the relevant subjects") without first making a formal written
offer to sell the same to the REMT Property Proprietor at such price and on such terms
and conditions as they may be prepared to accept from any third party, which offer the
REMT Property Proprietor shall have twenty eight days to accept in writing, failing
which the same shall be deemed to have been declined. The Conveyed Property
Proprietor shall not sell the relevant subjects at a lower price than, or on significantly
different conditions from those on which the same may have been offered to and refused
by the REMT Property Proprietor without first making a renewed offer of the same to
the REMT Property Proprietor at such reduced price or on such different terms and
conditions and like manner, which renewed offer the REMT Property Proprietor shall
have twenty eight days to accept in writing, failing which the same shall be deemed to
have been declined.

2

Roads

2.1

The Conveyed Property Proprietor shall be bound to pay an equitable share according to
user of the costs of maintaining, repairing, renewing, upgrading or replacing the Access
Routes so far as lying within the Conveyed Property and the roadway and bridge
between the points marked H-Hl on Plan I, subject to Clauses 2.2, 2.3 and 2.4 below,
which share shall be determined, failing agreement, by an independent arbitrator to be
mutually appointed or failing agreement as to such appointment, by the Chairman for
the time being of the Royal Institution of Chartered Surveyors (Scottish Branch)

2,2

Any extraordinary damage caused to any of the Access Routes by actions of the
Conveyed Property Proprietor shall be made good at the sole cost of the Conveyed
Property Proprietor.

2.3

In the event that the Conveyed Property Proprietor upgrades or improves any of the
Access Routes which may be used by any of the Parties for All Necessary Purposes in
terms of this Schedule to a specification or standard which is higher than required from
time to time for normal forestry operations including harvesting and timber extraction
then the Conveyed Property Proprietor shall be solely responsible for the costs
associated with such upgrading and improvements and for the increase in cost of
maintenance in excess of the costs that would otherwise be reasonably incurred in
maintaining the Access Routes to a standard required for normal forestry purposes as
aforesaid.

2A

Where and for so long as any of the Parties use any of the Access Routes for the existing
use of any such Access Routes (as at the Date of Entry), such Party shall only be obliged

 to maintain or contribute to the maintenance of such Access Routes to a standard
required for such existing use.

 Part 2
Servitude Rights in favour of the REMT Property
Part 2A
The following heritable non-exclusive servitude rights are imposed on the Conveyed Property as
the burdened property in favour of the REMT Property as the benefited property subject always
to the servitude conditions contained in Part 5 of the Schedule:

1

Access

1. 1

A heritable and irredeemable servitude right of access and egress to and from the REMT
Property over the roadway marked H2-G-I on Plan 1 for All Necessary Purposes.

2

Road Improvements

2.1

The right, without payment of compensation to the Conveyed Property Proprietor, to
inspect, maintain, repair, renew, widen, improve, upgrade and realign the roadways
between the points marked H2-G-I on Plan 1 with right to construct and maintain
verges, kerbs, embankments, water channels, culverts, bridges, abutments, protective
drainage, bell mouths, sight lines, visibility splays, passing places, turning areas and
others, and for any of the said purposes right to excavate and use deposits of stone, slate,
clay, gravel and sand from land within the Conveyed Property adjoining (or within a
reasonable distance from) the said roadway including power to create and/or use such
temporary borrow pits in accordance with Clause 5 of Part 2A of this Schedule as may
be necessary subject to:
2.1.1

A standard of upgrade and specification and a timetable for works being agreed
between the REMT Property Proprietor and Conveyed Property Proprietor
both acting reasonably; and

2.1.2

the REMT Property Proprietor giving the Conveyed Property Proprietor not
less than one month's prior written notice of the proposed date of
commencement of works.

3

Existing Service Media

3.1

A heritable and irredeemable servitude right to use all existing Service Media on or
under the Conveyed Property presently serving the REMT Property with access thereto
for all necessary purposes (including maintenance, repair and renewal of same) subject
to making good all damage caused as a result of exercising this right.

4

Service Media Installation/Connections

4.1

Heritable and irredeemable servitude rights to install, lay down, maintain, repair and
where necessary renew or replace Service Media along corridors lying between the
points marked H2-G-1 on Plan 1 which are or may be required to serve the REMT
property (or any part or parts thereof) subject to:
 

 4.1.1

agreeing the exact route of the service media corridor with the Conveyed
Property Proprietor and a timetable for works both acting reasonably; and

4.1.2

the REMT Property Proprietor giving the Conveyed Property Proprietor not
less than one month's prior written notice of the proposed date of
commencement of works.

5

Borrow Pits

5.1

A heritable and irredeemable servitude right to excavate and use deposits of stone, slate,
clay, gravel and sand and other natural deposits from land within the Conveyed Property
adjoining (or within a reasonable distance from) access tracks within the Conveyed
Property including power to create, sink and use such temporary borrow pits as may be
reasonably required for maintaining, improving and upgrading roadways, tracks and
paths on the REMT Property lying within 300 metres of the Conveyed Property subject
to agreeing the location of any new borrow pit(s) with the Conveyed Property
Proprietor, both acting reasonably.
Part 2B

The following heritable non-exclusive servitude rights are imposed on Glenmore Forest as the
burdened property in favour of REMT Property as the benefited property subject always to the
servitude conditions contained in Part 5 of the Schedule:

1

Access

1.1

A heritable and irredeemable servitude right of access and egress to and from the REMT
Property via the Conveyed Property over the roadway and bridge lying between the
points marked H-Hl on Plan 1 for All Necessary Purposes.

2

Road Improvements

2.1

The right, without payment of compensation to the Glenmore Forest Proprietor, to
inspect, maintain, repair, renew, widen, improve, upgrade and realign the roadway and
bridge between the points marked H-Hl on Plan 1 with right to construct and maintain
verges, kerbs, embankments, water channels, culverts, bridges, abutments, protective
drainage, bell mouths, sight lines, visibility splays, passing places, turning areas and
others subject to:

2.1.1

the standard of upgrade and specification and a timetable for works being
agreed between the REMT Property Proprietor and the Glenmore Forest
Proprietor both acting reasonably; and

2.1.2

the REMT Property Proprietor giving the Glenmore Forest Proprietor not less
than one month's prior written notice of the proposed date of commencement
of works.

 Part 3
Servitude Rights in favour of Lower Rothiemurchus

The following heritable non-exclusive servitude rights are imposed on the Conveyed Property as
the burdened property in favour of Lower Rothiemurchus as the benefited property subject
always to the servitude conditions contained in Part 6 of the Schedule:

1

Access

1.1

A heritable and irredeemable servitude right of access and egress to and from Lower
Rothiemurchus over the roadways or tracks between the points marked Gl-G on Plan 1
for General Estate Purposes (vehicular access being restricted to Light Vehicles);
declaring the said servitude right contained in this paragraph 1.1 of Part 3 of the
Schedule shall be exercisable by the said John Peter Grant of Rothiemurchus as the
heritable proprietor of Lower Rothiemurchus and his successors and descendants but not
his or his foresaids' assignees or disponees.

1.2

A heritable and irredeemable servitude right of access and egress to and from Lower
Rothiemurchus over the roadway marked H2-G-I on Plan 1 for All Necessary Purposes.

2

Road Improvements

2.1

The right, without payment of compensation to the Conveyed Property Proprietor, to
inspect, maintain, repair, renew, widen, improve, upgrade and realign the roadways
between the points marked H2-G-1 on Plan I with right to construct and maintain
verges, kerbs, embankments, water channels, culverts, bridges, abutments, protective
drainage, bell mouths, sight lines, visibility splays, passing places, turning areas and
others, and for any of the said purposes right to excavate and use deposits of stone, slate,
clay, gravel and sand from land within the Conveyed Property adjoining (or within a
reasonable distance from) the said roadway including power to create and/or use such
temporary borrow pits, in accordance with Clause 4 of Part 3 of the Schedule as may be
necessary subject to:

2.2

2.1.1

the standard of upgrade and specification and a timetable for works being
agreed between the Lower Rothiemurchus Proprietor and Conveyed Property
Proprietor both acting reasonably; and

2. J .2

the Lower Rothiemurchus Proprietor giving the Conveyed Property Proprietor
not less than one month's prior written notice of the proposed date of
commencement of works.

The right, without payment of compensation to the Conveyed Property Proprietor, to
inspect, maintain, repair, renew, improve or upgrade the roadway or track between the
points marked Gl-G on Plan 1 with right to construct and maintain verges, kerbs,
embankments, water channels, culverts, bridges, abutments, protective drainage, bell
mouths, sight lines, visibility splays, passing places, turning areas and others and for any
of the said purposes right to excavate and use deposits of stone, slate, clay, gravel and
sand from land within the Conveyed Property adjoining (or within a reasonable distance
from) the said roadwpy or track pcluding power to create and/or use such temporary

 borrow pits subject to Clause 4 of this Part 3 of the Schedule as may be necessary
subject to:
2.2.1

the standard of upgrade and specification and a timetable for works being
agreed between the Lower Rothiemurchus Proprietor and Conveyed Property
Proprietor both acting reasonably; and

2.2.2

the Lower Rothiemurchus Proprietor giving the Conveyed Property Proprietor
not less than one month's prior written notice of the proposed date of
commencement of works.

Declaring that the said servitude right contained in this paragraph 1.1 of Part 3 of the
Schedule shall be exercisable by the said John Peter Grant of Rothiemurchus as the
heritable proprietor of Lower Rothiemurchus and his successors and descendants but not
his or his foresaids' assignees or disponees.

3

Existing Service Media

3,1

A heritable and irredeemable servitude right to use all existing Service Media on or
under the Conveyed Property presently serving Lower Rothiemurchus with access
thereto for all necessary purposes (including maintenance, repair and renewal of same)
subject to making good all damage caused as a result of the exercise of this right.

Borrow Pits
4.1

A heritable and irredeemable servitude right to excavate and use deposits of stone, slate,
clay, gravel and sand and other natural deposits from land within the Conveyed Property
adjoining (or within a reasonable distance from) access tracks within the Conveyed
Property including power to create, sink and use such temporary borrow pits as may be
reasonably required for maintaining, improving and upgrading roadways, tracks and
paths on Lower Rothiemurchus lying within 300 metres of the Conveyed Property
subject to agreeing the location of any new borrow pit(s) with the Conveyed Property
Proprietor, both acting reasonably.

 Part 4
Servitude Rights in favour of Upper Rothiemurchus

The following heritable non-exclusive servitude rights are imposed on the Conveyed Property as
the burdened property in favour of Upper Rothiemurchus as the benefited property subject
always to the servitude conditions set out in Part 7 of the Schedule:

Existing Service Media
1.1

A heritable and irredeemable servitude right to use all existing Service Media on or
under the Conveyed Property presently serving Upper Rothiemurchus with access
thereto for all necessary purposes (including maintenance, repair and renewal of same)
subject to making good all damage caused as a result of the exercise of this right.

2

Borrow Pits

2.1

A heritable and irredeemable servitude right to excavate and use deposits of stone, slate,
clay, gravel and sand and other natural deposits from land within the Conveyed Property
adjoining (or within a reasonable distance from) access tracks within the Conveyed
Property including power to create, sink and use such temporary borrow pits as may be
reasonably required for maintaining, improving and upgrading roadways, tracks and
paths on Upper Rothiemurchus lying within 300 metres of the Conveyed Property
subject to agreeing the location of any new borrow pit(s) with the Conveyed Property
Proprietor, both acting reasonably.

 PartS
Servitude Conditions imposed on the REMT Property
The servitude rights set out in Part 2 of the Schedule shall be exercised only in accordance with
the following provisions, all at the REMT Property Proprietor's sole cost:
1

Maintenance of Roads

1.1

The REMT Property Proprietor shall be bound to pay an equitable share according to
user of the costs of maintaining, repairing, renewing, upgrading or replacing the
roadways and tracks between the points marked H2-G-I and H-HI on Plan 1 subject to
Clauses 1.1, 1.2 and 1.3 of Part 9 of this Schedule which share shall be determined,
failing agreement, by an independent arbitrator to be mutually appointed or failing
agreement as to such appointment, by the Chairman for the time being of the Royal
Institution of Chartered Surveyors (Scottish Branch).

2

Inconvenience and nuisance

2.1

The servitude rights shall be exercised in such a manner as to cause the least practicable
inconvenience to the Conveyed Property Proprietor and the tenants and occupiers from
time to time of the Conveyed Property.

2.2

The REMT Property Proprietor shall not adversely affect the Conveyed Property
Proprietor's interests or the use and enjoyment of the Conveyed Property and shall
minimise and reduce to an acceptable level any disturbance or disruption (whether by
noise, dust, vibration, obstruction or otherwise) to the use and occupation of the
Conveyed Property Proprietor with all precautions reasonably required by the Conveyed
Property Proprietor being taken by the REMT Property Proprietor.

3

Statutory consents etc
All statutory consents necessary for the exercise of the servitude rights must be obtained
by, and at the cost of the REMT Property Proprietor. Without prejudice to the foregoing
generality the REMT Property Proprietor, shall:

3.1

obtain any necessary statutory or local authority consents or permissions or licences for
the carrying out of the Works; and

3.2

comply with all applicable statutory and local authority requirements in relation to such
works and ensure that the Works are carried out in a good workmanlike manner with
good quality materials to accepted industry standards.

4

Carrying out of Works
The REMT Property Proprietor shall:

4.1

ensure that all Works are carried out as quickly as reasonably practicable in a good
workmanlike manner by competent contractors and that any material delays or changes
are notified to the Conveyed Property Proprietor;

4.2

make good any damage caused to the Conveyed Property in the exercise of the servitude
rights set out in Part 2 of the Schedule to the reasonable satisfaction of the Conveyed

 Property Proprietor.

5

Indemnity
The REMT Property Proprietor shall free, relieve and indemnify the Conveyed Property
Proprietor against all actions, proceedings, costs, claims, losses, damages, expenses and
liability of whatsoever nature incurred or threatened (except to the extent that the same
arise by virtue of the negligence of the Conveyed Property Proprietor), which are made
against or suffered by the Conveyed Property Proprietor (as the case may be), to the
extent that the same relate to:

5.1

the exercise of the servitude rights set out in Part 2 of the Schedule; and/or

5.2

the breach of the conditions set out in Part 5 of the Schedule in so far as they relate to
the servitude rights set out in Part 2 of the Schedule

 Part 6
Servitude Conditions imposed on Lower Rothiemurchus
The servitude rights set out in Part 3 of the Schedule shall be exercised only in accordance with
the following provisions, all at the Lower Rothiemurchus Proprietor's sole cost:

1

Maintenance of Roads

1.1

The Lower Rothiemurchus Proprietor shall be bound to pay an equitable share
according to user of the costs of maintaining, repairing, renewing, upgrading or
replacing the roadways and tracks between the points marked Gl-G and H2-G-1 on Plan
1 subject to Clauses 1.1, 1.2 and 1.3 of Part 10 of this Schedule which share shall be
determined, failing agreement, by an independent arbitrator to be mutually appointed or
failing agreement as to such appointment, by the Chairman for the time being of the
Royal Institution of Chartered Surveyors (Scottish Branch).

2

Inconvenience and nuisance

2.1

The servitude rights shall be exercised in such a manner as to cause the least practicable
inconvenience to the Conveyed Property Proprietor and the tenants and occupiers from
time to time of the Conveyed Property .

2.2

The Lower Rothiemurchus Proprietor shall not adversely affect the Conveyed Property
Proprietor's interests or the use and enjoyment of the Conveyed Property and shall
minimise and reduce to an acceptable level any disturbance or disruption (whether by
noise, dust, vibration, obstmction or otherwise) to the use and occupation of the
Conveyed Property Proprietor with all precautions reasonably required by the Conveyed
Property Proprietor being taken by the Lower Rothiemurchus Proprietor.

3

Statutory consents etc
All statutory consents necessary for the exercise of the servitude rights must be obtained
by, and at the cost of the Lower Rothiemurchus Proprietor. Without prejudice to the
foregoing generality the Lower Rothiemurchus Proprietor, shall:

3.1

obtain any necessary statutory or local authority consents or permissions or licences for
the carrying out of the Works; and

3.2

comply with all applicable statutory and local authority requirements in relation to such
works and ensure that the Works are carried out in a good workmanlike manner with
good quality materials to accepted industry standards.

4

Carrying out of Works
The Lower Rothiemurchus Proprietor shall:

4.1

ensure that all Works are carried out as quickly as reasonably practicable in a good
workmanlike manner by competent contractors and that any material delays or changes
are notified to the Conveyed Property Proprietor;

4.2

make good any damage caused to the Conveyed Property in the exercise of the servitude
rights set out in Part 3 of the Schedule to the reasonable satisfaction of the Conveyed

 Property Proprietor.
5

Indemnity
The Lower Rothiemurchus Proprietor shall free, relieve and indemnify the Conveyed
Property Proprietor against all actions, proceedings, costs, claims, losses, damages,
expenses and liability of whatsoever nature incurred or threatened (except to the extent
that the same arise by virtue of the negligence of the Conveyed Property Proprietor),
which are made against or suffered by the Conveyed Property Proprietor (as the case
may be)t to (he extent that the same relate to:

5.1

the exercise of the servitude rights set out in Part 3 of the Schedule; and/or

5.2

the breach of the conditions set out in Part 6 of the Schedule in so far as they relate to
the servitude rights set out in Part 3 of the Schedule

 Part?
Servitude Conditions imposed on Upper Rothiemurchus
The servitude rights set out in Part 4 of the Schedule shall be exercised only in accordance with
the following provisions, all at the Upper Rothiemurchus Proprietor's sole cost:

1

Maintenance of Roads
The Upper Rothiemurchus Proprietor shall be bound to pay an equitable share
according to user of the costs of maintaining, repairing, renewing, upgrading or
replacing the roadways and tracks between the points marked H-Hl on Plan 1 subject to
Clauses 1.1, 1.2 and 1.3 of Part 11 of this Schedule which share shall be determined,
failing agreement, by an independent arbitrator to be mutually appointed or failing
agreement as to such appointment, by the Chairman for the time being of the Royal
Institution of Chartered Surveyors (Scottish Branch).

2

Inconvenience and nuisance

2.1

The servitude rights shall be exercised in such a manner as to cause the least practicable
inconvenience to the Conveyed Property Proprietor and the tenants and occupiers from
time to time of the Conveyed Property.

2.2

The Upper Rothiemurchus Proprietor shall not adversely affect the Conveyed Property
Proprietor's interests or the use and enjoyment of the Conveyed Property and shall
minimise and reduce to an acceptable level any disturbance or disruption (whether by
noise, dust, vibration, obstruction or otherwise) to the use and occupation of the
Conveyed Property Proprietor with all precautions reasonably required by the Conveyed
Property Proprietor being taken by the Upper Rothiemurchus Proprietor.

3

Statutory consents etc
All statutory consents necessary for the exercise of the servitude rights must be obtained
by, and at the cost of the Upper Rothiemurchus Proprietor as the case may be. Without
prejudice to the foregoing generality the Upper Rothiemurchus Proprietor shall:

3.1

obtain any necessary statutory or local authority consents or permissions or licences for
the carrying out of the Works; and

3.2

comply with all applicable statutory and local authority requirements in relation to such
works and ensure that the Works are carried out in a good workmanlike manner with
good quality materials to accepted industry standards.

4

Carrying out of Works
The Upper Rothiemurchus Proprietor shall:

4.1

ensure that all Works are carried out as quickly as reasonably practicable in a good
workmanlike manner by competent contractors and that any material delays or changes
are notified to the Conveyed Property Proprietor (as the case may be); and

4.2

make good any damage caused to the Conveyed Property in the exercise of the servitude
rights set out in Part 4 of the Schedule to the reasonable satisfaction of the Conveyed

 Property Proprietor.

s

Indemnity
The Upper Rothiemurchus Proprietor shall free, relieve and indemnify the Conveyed
Property Proprietor against all actions, proceedings, costs, claims, losses, damages,
expenses and liability of whatsoever nature incurred or threatened (except to the extent
that the same arise by virtue of the negligence of the Conveyed Property Proprietor),
which are made against or suffered by the Conveyed Property Proprietor to the extent
that the same relate to:

5.1

the exercise of the servitude rights set out in Part 4 of the Schedule; and/or

5.2

the breach of the conditions set out in Part 7 of the Schedule in so far as they relate to
(he servitude rights set out in Part 4 of the Schedule

 Parts
Variation of Existing Servitude Conditions imposed on Upper Rothiemurchus
The servitude rights and conditions set out in Parts 1 and 2 of the Schedule annexed to the Deed
of Servitude shall be varied as follows:

1

Road Improvements

1. 1

Existing servitude rights to upgrade, widen, realign the roadways between the points
marked H2-G-I on Plan 1 will be subject to the following additional servitude condition:
1.1.1

the standard and specification and a timetable for works being agreed between
the Upper Rothiemurchus Proprietor and Conveyed Property Proprietor both
acting reasonably; and

1.1.2

the Upper Rothiemurchus Proprietor giving the Conveyed Property Proprietor
not less than one month's prior written notice of the proposed date of
commencement of works.

 Part 9
Real Burdens imposed on (he REMT Property
The following real burdens are imposed as real burdens on the REMT Property to be considered
to be the burdened property in favour of the Conveyed Property as the benefited property all to be
carried out at the Lower Rothiemurchus Proprietor's sole cost;

1

Maintenance of Roads

1.1

Any extraordinary damage caused to any of the Access Routes by actions of the REMT
Property Proprietor shall be made good at the sole cost of the REMT Property
Proprietor.

1.2

In the event that the REMT Property Proprietor upgrades or improves any of the Access
Routes which may be used by any of the Parties for All Necessary Purposes in terms of
this Schedule to a specification or standard which is higher than required from time to
time for normal forestry operations including harvesting then the REMT Property
Proprietor shall be solely responsible for the costs associated with such upgrading and
improvements and for the increase in cost of maintenance in excess of the costs that
would otherwise be reasonably incurred in maintaining the Access Routes to a standard
required for normal forestry purposes as aforesaid.

1.3

Where and for so long as any of the Parties use any of the Access Routes for the existing
use of any such Access Routes (as at the Date of Entry)* such Party shall only be obliged
to maintain or contribute to the maintenance of such Access Routes to a standard
required for such existing use.

2

Compliance with servitude conditions
The REMT Property Proprietor shall:-

2.1

ensure that the provisions set out in Part 5 are complied with by the REMT Property
Proprietor and those deriving right, title or interest from them and those for whom they
are responsible, and those whom they instruct or through whom they act;

2.2

use all reasonable endeavours to procure such compliance from any third parties; and

2.3

notify the Conveyed Property Proprietor forthwith on becoming aware of any breach or
likely breach of any of the said provisions.

 Part 10
Real Burdens imposed on Lower Rothiemurchus
The following real burdens are imposed as real burdens on Lower Rothiemurchus to be
considered to be the burdened property in favour of the Conveyed Properly as the benefited
property all to be carried out at the Lower Rothiemurchus Proprietor's sole cost;

1

Maintenance of Roads

l.t

Any extraordinary damage caused to any of the Access Routes by actions of the Lower
Rothiemurchus Proprietor shall be made good at the sole cost of the Lower
Rothiemurchus Proprietor.

1 2

In the event that the Lower Rothiemurchus Proprietor upgrades or improves any of the
Access Routes which may be used by any of the Parties for AH Necessary Purposes in
terms of this Schedule to a specification or standard which is higher than required from
time to time for normal forestry operations including harvesting then the Lower
Rothiemurchus Proprietor shall be solely responsible for the costs associated with such
upgrading and improvements and for the increase in cost of maintenance in excess of the
costs that would otherwise be reasonably incurred in maintaining the Access Routes to a
standard required for normal forestry purposes as aforesaid.

1 3

2

Where and for so long as any of the Parties use any of the Access Routes for the existing
use of any such Access Routes (as at the Date of Entry), such Party shall only be obliged
to maintain or contribute to the maintenance of such Access Routes to a standard
required for such existing use.

Compliance with servitude conditions
The Lower Rothiemurchus Proprietor shall:-

2.1

ensure that the provisions set out in Part 6 are complied with by the Lower
Rothiemurchus Proprietor and those deriving right, title or interest from them and those
for whom they are responsible, and those whom they instruct or through whom they act;

2.2

use all reasonable endeavours to procure such compliance from any third parties; and

2.3

notify the Conveyed Property Proprietor forthwith on becoming aware of any breach or
likely breach of any of the said provisions.

 Part 11
Real Burdens imposed on Upper Rothiemurchus
The following real burdens are imposed as real burdens on Upper Rothiemurchus to be
considered to be the burdened property in favour of the Conveyed Property as the benefited
property all to be carried out at the Lower Rothiemurchus Proprietor's sole cost:

1

Maintenance of Roads

1.1

Any extraordinary damage caused to any of the Access Routes by actions of the Upper
Rothiemurchus Proprietor shall

be made good at the sole cost of

the Upper

Rothiemurchus Proprietor.
1.2

In the event that the Upper Rothiemurchus Proprietor upgrades or improves any of the
Access Routes which may be used by any of the Parties for All Necessary Purposes in
terms of this Schedule to a specification or standard which is higher than required from
time to time for normal forestry operations including harvesting then the Upper
Rothiemurchus Proprietor shall be solely responsible for the costs associated with such
upgrading and improvements and for the increase in cost of maintenance in excess of the
costs that would otherwise be reasonably incurred in maintaining the Access Routes to a
standard required for normal forestry purposes as aforesaid.

1.3

Where and for so long as any of the Parties use any of the Access Routes for the existing
use of any such Access Routes (as at the Date of Entry), such Party shall only be obliged
to maintain or contribute to the maintenance of such Access Routes to a standard
required for such existing use.

1

Compliance with servitude conditions
The Upper Rothiemurchus Proprietor shall:-

I.I

ensure that the provisions set out in Part 7 are complied with by the Upper
Rothiemurchus Proprietor and those deriving right, title or interest from them and those
for whom they are responsible, and those whom they instruct or through whom they act;

1.2

use all reasonable endeavours to procure such compliance from any third parties; and

1.3

notify the Conveyed Property Proprietor forthwith on becoming aware of any breach or
likely breach of any of the said provisions.

 Part 12
Servitude Rights in favour of Gienmore Forest
The following heritable non-exclusive servitude rights are imposed on the Conveyed Property
as the burdened property in favour of Glenmore Forest as the benefited property subject always
to the servitude conditions set out in Part 13 of the Schedule:
1.1

A heritable and irredeemable servitude right of access and egress over the roadways and
tracks between the points marked G-to any point on the eastern boundary of the
Conveyed Property which bounds with Glenmore Forest on Plan 1 and in ail directions
and between any combination or combinations of routes between the said points as will
permit access and egress to and from Glenmore Forest over the Conveyed Property to
the nearest publicly adopted roads for General Estate Purposes but restricted always to
Light Vehicles.

 Part 13
Servitude Conditions imposed on Glenmore Forest
The servitude rights set out in Part 12 of the Schedule shall be exercised only in accordance with
the following servitude conditions, all at the Glenmore Forest Proprietor's cost:

1

Maintenance of Roads

1.1

The Glenmore Forest Proprietor shall be bound to pay an equitable share according to
user of the costs of maintaining, repairing, renewing, upgrading or replacing the
roadways and tracks between the points marked G to any point on the eastern boundary
of the Conveyed Property which bounds with Glenmore Forest on Plan 1 subject to
Clauses 1.1 and 1.2 of Part 14 of this Schedulewhich share shall be determined, failing
agreement, by an independent arbitrator to be mutually appointed or failing agreement
as to such appointment, by the Chairman for the time being of the Royal Institution of
Chartered Surveyors (Scottish Branch).

2

Inconvenience and nuisance

2,1

The servitude rights shall be exercised in such a manner as to cause the least practicable
inconvenience to the REMT Property Proprietor and Conveyed Property Proprietor and
the tenants and occupiers from time to time of the REMT Property and the Conveyed
Property.

2,2

The Glenmore Proprietor shall not adversely affect the REMT Property Proprietor's
andyor Conveyed Property Proprietor's interests or the use and enjoyment of the REMT
Property and the Conveyed Property and shall minimise and reduce to an acceptable
level any disturbance or disruption (whether by noise, dust, vibration, obstruction or
otherwise) to the use and occupation of the REMT Property and the Conveyed Property
with all precautions reasonably required by the REMT Property Proprietor and
Conveyed Property Proprietor being taken by the Glenmore Proprietor.

3

Indemnity
The Glenmore Proprietor shall free, relieve and indemnify the REMT Property
Proprietor and Conveyed Property Proprietor against all actions, proceedings, costs,
claims, losses, damages, expenses and liability of whatsoever nature incurred or
threatened (except to the extent that the same arise by virtue of the negligence of the
REMT Property Proprietor and/or Conveyed Property Proprietor), which are made
against or suffered by the REMT Property Proprietor or Conveyed Property Proprietor
(as the case maybe), to the extent that the same relate to:

3.1

the exercise of the servitude rights set out in Part 12 of the Schedule; and/or

3.2

the breach of the servitude conditions set out in this Part 13 of the Schedule in so far as
they relate to the servitude rights set out in Part 12 of the Schedule.

 Part 14
Real Burdens imposed on Glenmore Forest
The following real burden is imposed as a real burden on Glenmore Forest as the burdened
property in favour of the REMT Property and the Conveyed Property as the benefited property
all to be carried out at the Glenmore Forest Proprietor's cost:

1

Roads

1.1

Any extraordinary damage caused to any of the Access Routes by actions of the
Glenmore Forest Proprietor shall be made good at the sole cost of the Glenmore Forest
Proprietor.

1.2

Where and for so long as any of the Parties use any of the Access Routes for the existing
use of any such Access Routes (as at the Date of Entry), such Party shall only be obliged
to maintain or contribute to the maintenance of such Access Routes to a standard
required for such existing use.

2

Compliance with servitude conditions
The Glenmore Forest Proprietor shall:-

2.1

ensure that the provisions set out in Part 13 of the Schedule are complied with by the
Glenmore Forest Proprietor and those deriving right, title or interest from it and those
for whom it is responsible, and those whom it instructs or through whom it acts:

2.2

use all reasonable endeavours to procure such compliance from any third parties; and

2.3

notify the REMT Property Proprietor and/or the Conveyed Property Proprietor as the
case may be forthwith on becoming aware of any breach or likely breach of any of the
said provisions.

(A Bennett)
(John P Grant)
(James P Grant)

£t/

^...(HP Younger)
(SM)