{
  "url": "https://openlegislation.uk/title-conditions-scotland-act-2003/section-2",
  "json_url": "https://openlegislation.uk/title-conditions-scotland-act-2003/section-2.json",
  "legislation": "asp/2003/9",
  "legislation_title": "Title Conditions (Scotland) Act 2003",
  "legislation_url": "https://openlegislation.uk/title-conditions-scotland-act-2003",
  "path": "section/2",
  "kind": "section",
  "number": "2",
  "heading": "Affirmative, negative and ancillary burdens",
  "text": "(1) Subject to subsection (3) below, a real burden may be created only as—\n(a) an obligation to do something (including an obligation to defray, or contribute towards, some cost); or\n(b) an obligation to refrain from doing something.\n(2) An obligation created as is described in—\n(a) paragraph (a) of subsection (1) above is known as an “affirmative burden”; and\n(b) paragraph (b) of that subsection is known as a “negative burden”.\n(3) A real burden may be created which—\n(a) consists of a right to enter, or otherwise make use of, property; or\n(b) makes provision for management or administration,\nbut only for a purpose ancillary to those of an affirmative burden or a negative burden.\n(4) A real burden created as is described in subsection (3) above is known as an “ancillary burden”.\n(5) In determining whether a real burden is created as is described in subsection (1) or (3) above, regard shall be had to the effect of a provision rather than to the way in which the provision is expressed.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "Ss. 2, 3, 5, 10, 11, 13, 14, 16, 18, 59 to 61, 67, 70 and 105 applied (1.6.2009) by The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 (S.I. 2009/729), art. 5(1)(3)(4)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 2 wholly in force; s. 2 in force for certain purposes at 4.4.2003 see s. 129(2)(5); s. 2 otherwise in force at 28.11.2004 by S.S.I. 2003/456, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2003/9/section/2",
    "retrieved_at": "2026-10-29T20:16:49.876430+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}