Title Conditions (Scotland) Act 2003

66 The expression “related properties”

(1) Whether properties are related properties for the purposes of sections 63 to 65 of this Act is, subject to subsection (2) below, to be inferred from all the circumstances; and without prejudice to the generality of this section circumstances giving rise to such an inference might include—

(a) the convenience of managing the properties together because they share—

(i) some common feature; or

(ii) an obligation for common maintenance of some facility;

(b) it being evident that the properties constitute a group of properties on which real burdens are imposed under a common scheme; or

(c) there being shared ownership of common property.

(2) For the purposes of section 63(2) of this Act, the following are not related properties—

(a) any property which, being a unit in a sheltered or retirement housing development, is used in some special way (that is to say, is the unit mentioned as an exception in section 54(1) of this Act);

(b) any property to which a development management scheme applies; or

(c) any facility which benefits two or more properties (examples of such a facility being, without prejudice to the generality of this paragraph, a private road and a common area for recreation).