Part 1

Real burdens: general

Division of benefited or burdened property

Division of a benefited property
12
1
Where part of a benefited property is conveyed, then on registration of the conveyance the part conveyed shall cease to be a benefited property unless in the conveyance some other provision is made, as for example—
a
that the part retained and the part conveyed are separately to constitute benefited properties; or
b
that it is the part retained which is to cease to be a benefited property.
2
Different provision may, under subsection (1) above, be made in respect of different real burdens.
3
For the purposes of subsection (1) above, any such provision as is referred to in that subsection shall—
a
identify the constitutive deed, say where it is registered and give the date of registration;
b
identify the real burdens; and
c
be of no effect in so far as it relates to—
i
a right of pre-emption, redemption or reversion; or
ii
any other type of option to acquire the burdened property,
if it is other than such provision as is mentioned in paragraph (b) of that subsection.
4
Subsection (1) above does not apply where—
a
the property, part of which is conveyed, is a benefited property only by virtue of any of sections 52 to 56 of this Act or sections 29 or 31 of the Long Leases (Scotland) Act 2012 (asp 9);
b
the real burdens are community burdens; or
c
the real burdens are set out in a common deed of conditions, that is to say in a deed which sets out the terms of the burdens imposed on the part conveyed, that part being one of two or more properties on which they are or will be imposed under a common scheme.
S. 12 wholly in force; s. 12 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 12 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2
Words in s. 12(4)(a) inserted (28.11.2013) by Long Leases (Scotland) Act 2012 (asp 9), s. 83(2)(3), sch. para. 3(2); S.S.I. 2013/322, art. 2(I)