- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A real burden must relate in some way to the burdened property.
(2)The relationship may be direct or indirect but shall not merely be that the obligated person is the owner of the burdened property.
(3)In a case in which there is a benefited property, a real burden must, unless it is a community burden, be for the benefit of that property.
(4)A community burden may be for the benefit of the community to which it relates or of some part of that community.
(5)A real burden may consist of a right of pre-emption; but a real burden created on or after the appointed day must not consist of—
(a)a right of redemption or reversion; or
(b)any other type of option to acquire the burdened property.
(6)A real burden must not be contrary to public policy as for example an unreasonable restraint of trade and must not be repugnant with ownership (nor must it be illegal).
(7)Except in so far as expressly permitted by this Act, a real burden must not have the effect of creating a monopoly (as for example, by providing for a particular person to be or to appoint—
(a)the manager of property; or
(b)the supplier of any services in relation to property).
(8)It shall not be competent—
(a)to make in the constitutive deed provision; or
(b)to import under section 6(1) of this Act terms which include provision,
to the effect that a person other than the holder of the burden may waive compliance with, or mitigate or otherwise vary, a condition of the burden.
(9)Subsection (8) above is without prejudice to section 33(1)(a) of this Act.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: