Part 2Conversion of certain leasehold conditions to real burdens
Other real burdens
I129Conversion to facility or service burden
1
Where a qualifying condition regulates the maintenance, management, reinstatement or use of heritable property which constitutes, and is intended to constitute, a facility of benefit to land other than the qualifying land then, on the appointed day, such condition becomes a facility burden in relation to which—
a
the qualifying land is the burdened property, and
b
the heritable property which constitutes the facility and any land to which the facility is (and is intended to be) of benefit is the benefited property.
2
Where a qualifying condition relates to the provision of services to land other than the qualifying land, then the qualifying condition, on the appointed day, becomes a service burden in relation to which—
a
the qualifying land is the burdened property, and
b
any land to which the services are provided is the benefited property.
3
Without prejudice to the generality of subsection (1), examples of property which might constitute a facility mentioned in that subsection are—
a
a common part of a tenement,
b
a common area for recreation,
c
a private road,
d
private sewerage,
e
a boundary wall.