Part 5Real burdens: miscellaneous

66The expression “related properties”

1

Whether properties are related properties for the purposes of sections 63 to 65 of this Act is, subject to subsection (2) below, to be inferred from all the circumstances; and without prejudice to the generality of this section circumstances giving rise to such an inference might include—

a

the convenience of managing the properties together because they share—

i

some common feature; or

ii

an obligation for common maintenance of some facility;

b

it being evident that the properties constitute a group of properties on which real burdens are imposed under a common scheme; or

c

there being shared ownership of common property.

2

For the purposes of section 63(2) of this Act, the following are not related properties—

a

any property which, being a unit in a sheltered or retirement housing development, is used in some special way (that is to say, is the unit mentioned as an exception in section 54(1) of this Act);

b

any property to which a development management scheme applies; or

c

any facility which benefits two or more properties (examples of such a facility being, without prejudice to the generality of this paragraph, a private road and a common area for recreation).