Part 1Real burdens: general
Meaning and creation
I13C1Other characteristics
1
A real burden must relate in some way to the burdened property.
2
The relationship may be direct or indirect but shall not merely be that the obligated person is the owner of the burdened property.
3
In a case in which there is a benefited property, a real burden must, unless it is a community burden, be for the benefit of that property.
4
A community burden may be for the benefit of the community to which it relates or of some part of that community.
5
A real burden may consist of a right of pre-emption; but a real burden created on or after the appointed day must not consist of—
a
a right of redemption or reversion; or
b
any other type of option to acquire the burdened property.
6
A real burden must not be contrary to public policy as for example an unreasonable restraint of trade and must not be repugnant with ownership (nor must it be illegal).
7
Except in so far as expressly permitted by this Act, a real burden must not have the effect of creating a monopoly (as for example, by providing for a particular person to be or to appoint—
a
the manager of property; or
b
the supplier of any services in relation to property).
8
It shall not be competent—
a
to make in the constitutive deed provision; or
b
to import under section 6(1) of this Act terms which include provision,
to the effect that a person other than F1a holder of the burden may waive compliance with, or mitigate or otherwise vary, a condition of the burden.
9
Subsection (8) above is without prejudice to section 33(1)(a) of this Act.