Abolition of Feudal Tenure etc. (Scotland) Act 2000

Prospective

23 Reallotment of real burden affecting facility of benefit to other land etc. S

(1) Subject to subsection (3) below, where, immediately before the appointed day, a real burden enforceable by a superior regulates the maintenance, management, reinstatement or use of heritable property which constitutes, and is intended to constitute, a facility of benefit to other land (examples of property which might constitute such a facility being, without prejudice to the generality of this subsection, set out in subsection (4) below) then—

(a) the land benefited;

(b) the heritable property which constitutes the facility,

shall, if on the appointed day it is not a dominant tenement, become a dominant tenement on that day (the servient tenement being the land the dominium utile of which was subject to the real burden immediately before that day).

(2) Where, immediately before the appointed day, a real burden enforceable by a superior regulates the provision of services to land other than land the dominium utile of which is subject to the real burden, then the land to which the services are provided shall, if on the appointed day it is not a dominant tenement, become a dominant tenement on that day (the servient tenement being as mentioned in subsection (1) above).

(3) Subsection (1) above does not apply to a real burden in so far as that burden constitutes an obligation to maintain or reinstate which has been assumed—

(a) by a local or other public authority; or

(b) by, under or by virtue of any enactment, by a successor body to any such authority.

(4) The examples referred to in subsection (1) above are—

(a) a common part of a tenement building;

(b) a common area for recreation;

(c) a private road;

(d) private sewerage;

(e) a boundary wall.