Part 4Transitional: implied rights of enforcement

New implied rights of enforcement

56Facility burdens and service burdens

(1)

Where by a deed registered before the appointed day—

(a)

a facility burden is imposed on land, then—

(i)

any land to which the facility is (and is intended to be) of benefit; and

(ii)

the heritable property which constitutes the facility,

shall be benefited properties in relation to the facility burden;

(b)

a service burden is imposed on land, then any land to which the services are provided shall be a benefited property in relation to the service burden.

(2)

Subsection (1) above is subject to section 57 of this Act; and in paragraph (a) of that subsection “facility burden” does not include a manager burden.