S14.21.2 Notice of Preservation (S50)

Under S49 of the Act implied rights to enforce burdens fall as from the Appointed Day, but sections 52 to 54 and 56 automatically create new statutory rights of enforcement in the case of properties that form part of a common scheme or are facility or service burdens. Under the old law, whilst a deed imposing a burden may have expressly stated who had a right to enforce it, this did not always happen. Enforcement rights could arise by implication. An example of this would be where land was subdivided with one part sold off by disposition with burdens imposed on that part. The implication would be that these burdens were enforceable by the owner of the retained area.

The Act provides that the abolition of such implied rights be postponed for a period of 10 years beginning on the Appointed Day. After the 10-year period had elapsed the burden would then fail as a real burden as there would be no benefited property. In order to preserve such implied enforcement rights that do not fall within the terms of the statutory savings referred to above beyond 2014, the owner of a benefited property will have to register a Notice of Preservation within that 10-year period.

(Superseded - 10 year period expired)