Part 4Transitional: implied rights of enforcement

New implied rights of enforcement

53Common schemes: related properties

1

Where real burdens are imposed under a common scheme, the deed by which they are imposed on any unit comprised within a group of related properties being a deed registered before the appointed day, then all units comprised within that group and subject to the common scheme (whether or not by virtue of a deed registered before the appointed day) shall be benefited properties in relation to the real burdens.

2

Whether properties are related properties for the purposes of subsection (1) above is to be inferred from all the circumstances; and without prejudice to the generality of this subsection, 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 ownership of common property;

c

their 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.

3

This section confers no right of pre-emption, redemption or reversion.

F13A

Section 4 of this Act shall apply in relation to any real burden to which subsection (1) above applies as if—

a

in subsection (2), paragraph (c)(ii);

b

subsection (4); and

c

in subsection (5), the words from “and” to the end,

were omitted.

4

This section is subject to sections 57 and 122(2)(ii) of this Act.