Section 1 The expression “real burden”I1

(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).

Annotations

Commencement

I1: S. 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