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(1)In this Act, “tenement” means a building or a part of a building which comprises two related flats which, or more than two such flats at least two of which—
(a)are, or are designed to be, in separate ownership; and
(b)are divided from each other horizontally,
and, except where the context otherwise requires, includes the solum and any other land pertaining to that building or, as the case may be, part of the building; and the expression “tenement building” shall be construed accordingly.
(2)In determining whether flats comprised in a building or part of a building are related for the purposes of subsection (1), regard shall be had, among other things, to—
(a)the title to the tenement; and
(b)any tenement burdens,
treating the building or part for that purpose as if it were a tenement.
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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
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