Sewerage (Scotland) Act 1968

[F1 38B Other rules S

(1) This Part prevails over any rule of law or real burden—

(a) requiring the agreement, of any owner of common property, to the carrying out of maintenance of the property, or

(b) concerning the recovery, by any owner of common property from another owner of the property, of the cost of such maintenance,

so far as the rule or burden is applicable in connection with measures of the kind to which section 38C(2) relates.

(2) In subsection (1), “real burden” is to be construed in accordance with the Title Conditions (Scotland) Act 2003.]

Textual Amendments

F1 Pt. 2A inserted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 37, 56(1)(2); S.S.I. 2013/163, art. 3, Sch.; S.S.I. 2013/342, art. 2(c)