1The expression “real burden”S
(1)A real burden is an encumbrance on land constituted in favour of the owner of other land in that person’s capacity as owner of that other land.
(2)In relation to a real burden—
(a)the encumbered land is known as the “burdened property”; and
(b)the other land is known as the “benefited property”.
(3)Notwithstanding subsections (1) and (2) above, the expression “real burden” includes a personal real burden; that is to say a conservation burden, a rural housing burden, a maritime burden, an economic development burden, a health care burden, a manager burden, a personal pre-emption burden and a personal redemption burden (being burdens constituted in favour of a person other than by reference to the person’s capacity as owner of any land).
Commencement Information
I1S. 1 wholly in force; s. 1 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 1 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2