# Title Conditions (Scotland) Act 2003, Section 2: Affirmative, negative and ancillary burdens


(1) Subject to subsection (3) below, a real burden may be created only as—
(a) an obligation to do something (including an obligation to defray, or contribute towards, some cost); or
(b) an obligation to refrain from doing something.
(2) An obligation created as is described in—
(a) paragraph (a) of subsection (1) above is known as an “affirmative burden”; and
(b) paragraph (b) of that subsection is known as a “negative burden”.
(3) A real burden may be created which—
(a) consists of a right to enter, or otherwise make use of, property; or
(b) makes provision for management or administration,
but only for a purpose ancillary to those of an affirmative burden or a negative burden.
(4) A real burden created as is described in subsection (3) above is known as an “ancillary burden”.
(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.

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Source: https://www.legislation.gov.uk/asp/2003/9/section/2 (the official version)
Page: https://openlegislation.uk/title-conditions-scotland-act-2003/section-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.