Part 7Servitudes

Transitional

81Certain real burdens to become positive servitudes

1

A real burden consisting of a right to enter, or otherwise make use of, the burdened property shall, on the appointed day, cease to exist as such but shall forthwith become a positive servitude.

2

Subsection (1) above—

a

is subject to section 17(1) of the 2000 Act (extinction on appointed day of certain rights of superior);

b

does not apply to real burdens such as are mentioned in section 2(3)(a) of this Act.