Part 1Real burdens: general
Meaning and creation
6Further provision as respects creation
(1)
A real burden is created by registering against the land which is to be the burdened property a deed which—
(a)
is granted by or on behalf of the owner of that land; and
(b)
imports the terms of the prospective burden.
(2)
“Imports” in subsection (1)(b) above means imports into itself from a deed of conditions; and importation in, or as near as may be in, the form set out in schedule 1 to this Act shall suffice in that regard.
(3)
A right of ownership held pro indiviso shall not in itself constitute a property against which a deed such as is mentioned in subsection (1) above can be duly registered.
(4)
This section is without prejudice to section 4 of this Act.