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Long Leases (Scotland) Act 2012

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31Conversion where common scheme affects related properties

This section has no associated Explanatory Notes

(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.

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