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(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.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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