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Long Leases (Scotland) Act 2012

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This is the original version (as it was originally enacted).

Other real burdens

29Conversion to facility or service burden

(1)Where a qualifying condition regulates the maintenance, management, reinstatement or use of heritable property which constitutes, and is intended to constitute, a facility of benefit to land other than the qualifying land then, on the appointed day, such condition becomes a facility burden in relation to which—

(a)the qualifying land is the burdened property, and

(b)the heritable property which constitutes the facility and any land to which the facility is (and is intended to be) of benefit is the benefited property.

(2)Where a qualifying condition relates to the provision of services to land other than the qualifying land, then the qualifying condition, on the appointed day, becomes a service burden in relation to which—

(a)the qualifying land is the burdened property, and

(b)any land to which the services are provided is the benefited property.

(3)Without prejudice to the generality of subsection (1), examples of property which might constitute a facility mentioned in that subsection are—

(a)a common part of a tenement,

(b)a common area for recreation,

(c)a private road,

(d)private sewerage,

(e)a boundary wall.

30Conversion to manager burden

(1)Where a qualifying condition confers on such person as may be specified in the condition power to—

(a)act as the manager of related properties,

(b)appoint some other person to be such manager, or

(c)dismiss any person appointed by virtue of the power mentioned in paragraph (b),

then, on the appointed day, such condition becomes a real burden in favour of such person and in relation to such burden the qualifying land is the burdened property.

(2)A real burden constituted by virtue of subsection (1) is a manager burden.

(3)For the purposes of subsection (1), whether properties are related properties is to be inferred from all the circumstances.

(4)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 qualifying conditions are imposed under a common scheme, or

(c)there being shared rights to common property.

31Conversion where common scheme affects related properties

(1)Where qualifying conditions are imposed under a common scheme on a group of related properties, such conditions, on the appointed day, become real burdens in relation to which each property is a benefited and a burdened property.

(2)For the purposes of subsection (1), whether properties are related properties is to be inferred from all the circumstances.

(3)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)there being shared rights to common property,

(c)the properties being subject to the common scheme by virtue of the same deed of conditions, or

(d)the properties each being a flat in the same tenement.

(4)This section confers no right of pre-emption, redemption or reversion.

32Conversion where expressly enforceable by certain third parties

Where a qualifying condition is expressed as being enforceable by—

(a)the owner, or

(b)the tenant,

of land other than the qualifying land then, on the appointed day, such condition becomes a real burden in relation to which the qualifying land is the burdened property and that other land is a benefited property.

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