(1)Subject to subsection (3) below, a real burden may be created only as—
(a)an obligation to do something (including an obligation to defray, or contribute towards, some cost); or
(b)an obligation to refrain from doing something.
(2)An obligation created as is described in—
(a)paragraph (a) of subsection (1) above is known as an “affirmative burden”; and
(b)paragraph (b) of that subsection is known as a “negative burden”.
(3)A real burden may be created which—
(a)consists of a right to enter, or otherwise make use of, property; or
(b)makes provision for management or administration,
but only for a purpose ancillary to those of an affirmative burden or a negative burden.
(4)A real burden created as is described in subsection (3) above is known as an “ancillary burden”.
(5)In determining whether a real burden is created as is described in subsection (1) or (3) above, regard shall be had to the effect of a provision rather than to the way in which the provision is expressed.