Long Leases (Scotland) Act 2012

29 Conversion 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.