Part 1Real burdens: general

Meaning and creation

2Affirmative, negative and ancillary burdens

(1)

Subject to subsection (3) below, a real burden may be created only as—

(a)

an obligation to do something (including an obligation to defray, or contribute towards, some cost); or

(b)

an obligation to refrain from doing something.

(2)

An obligation created as is described in—

(a)

paragraph (a) of subsection (1) above is known as an “affirmative burden”; and

(b)

paragraph (b) of that subsection is known as a “negative burden”.

(3)

A real burden may be created which—

(a)

consists of a right to enter, or otherwise make use of, property; or

(b)

makes provision for management or administration,

but only for a purpose ancillary to those of an affirmative burden or a negative burden.

(4)

A real burden created as is described in subsection (3) above is known as an “ancillary burden”.

(5)

In determining whether a real burden is created as is described in subsection (1) or (3) above, regard shall be had to the effect of a provision rather than to the way in which the provision is expressed.