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Title Conditions (Scotland) Act 2003

Section 118: Common interest

492.Common interest comprises rights and obligations arising by operation of law between owners of certain properties typically flats in a tenement. The right of common interest bears a resemblance to real burdens as it runs with the land. Normally common interest arises simply by force of law: it is implied and it is open to question whether such a right can be created by express agreement. If express creation were possible, common interest could be used as a substitute for real burdens and hence as a means of avoiding the provisions of this Act. Accordingly, section 118 makes clear that common interest cannot be expressly created. Section 118 comes into force on the day after Royal Assent (section 129(3)).

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