Title Conditions (Scotland) Act 2003

53 Common schemes: related properties S

(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.

[F1 (3A) 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.

Textual Amendments

F1 S. 53(3A) inserted (23.10.2004) by Tenements (Scotland) Act 2004 (asp 11), ss. 25, 34(3), Sch. 4 para. 14 (with s. 33)