Part 2Conversion of certain leasehold conditions to real burdens
Other real burdens
29Conversion 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.
30Conversion to manager burden
1
Where a qualifying condition confers on such person as may be specified in the condition power to—
a
act as the manager of related properties,
b
appoint some other person to be such manager, or
c
dismiss any person appointed by virtue of the power mentioned in paragraph (b),
then, on the appointed day, such condition becomes a real burden in favour of such person and in relation to such burden the qualifying land is the burdened property.
2
A real burden constituted by virtue of subsection (1) is a manager burden.
3
For the purposes of subsection (1), whether properties are related properties is to be inferred from all the circumstances.
4
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 qualifying conditions are imposed under a common scheme, or
c
there being shared rights to common property.
31Conversion where common scheme affects related properties
1
Where qualifying conditions are imposed under a common scheme on a group of related properties, such conditions, on the appointed day, become real burdens in relation to which each property is a benefited and a burdened property.
2
For the purposes of subsection (1), whether properties are related properties is to be inferred from all the circumstances.
3
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
there being shared rights to common property,
c
the properties being subject to the common scheme by virtue of the same deed of conditions, or
d
the properties each being a flat in the same tenement.
4
This section confers no right of pre-emption, redemption or reversion.
32Conversion where expressly enforceable by certain third parties
Where a qualifying condition is expressed as being enforceable by—
a
the owner, or
b
the tenant,
of land other than the qualifying land then, on the appointed day, such condition becomes a real burden in relation to which the qualifying land is the burdened property and that other land is a benefited property.