Explanatory Notes

Long Leases (Scotland) Act 2012

2012 asp 9

7 August 2012

Part 2: Conversion of Certain Leasehold Conditions to Real Burdens

Other real burdens

Section 30: Conversion to manager burden

142.This section provides for the automatic conversion of a qualifying condition which confers a power of management over a group of related properties into a real burden known as a manager burden. “Manager burden” is defined in section 63(1) of the Title Conditions (Scotland) Act 2003. Such burdens are time limited, usually to five years from creation (section 63(4) to (7) of the 2003 Act), which in the case of converted conditions is the date of registration of the qualifying lease or other constitutive deed.

143.Subsections (3) and (4) provide that whether properties are related depends on the circumstances of each case and gives a list of indicators. They are modelled on section 66(1) of the Title Conditions (Scotland) Act 2003.