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Title Conditions (Scotland) Act 2003

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1The expression “real burdenS

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(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

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