Part 1

Real burdens: general

Division of benefited or burdened property

Division of a burdened property
13
Where part of a burdened property is conveyed (whether before or after the appointed day), then on registration of the conveyance the part retained and the part conveyed shall separately constitute burdened properties unless the real burden cannot relate to one of the parts, in which case that part shall, on that registration, cease to be a burdened property.
Ss. 2, 3, 5, 10, 11, 13, 14, 16, 18, 59 to 61, 67, 70 and 105 applied (1.6.2009) by The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 (S.I. 2009/729), art. 5(1)(3)(4)
S. 13 wholly in force; s. 13 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 13 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2