What is the best way to constitute mutually enforceable real burdens?
A. It is not for the Keeper to prescribe the manner of drafting which you choose to adopt. A deed of conditions can be a simple and less expensive way of creating community burdens, but there may be practical reasons why a disposition is considered more appropriate. Q My developer client wants to use the dispositions of each unit, rather than a Deed of Conditions or Real Burdens to create mutually enforceable real burdens. Are there any factors I should take into account? A. The view that the Keeper takes is that where the dispositions (a) burden the property being sold and (b) nominate the residue of the developer’s title as the benefited property with title to enforce those burdens in the disposition it appears that the requirements of section 4 of the 2003 Act are met and registration can proceed. But if this is all that the deed does, the effect is that only the residue of the developer’s title will be the benefited property in respect of the real burdens created in the disposition
- My disposition is intended to constitute real burdens by virtue of section 53 of the 2003 Act, so dual registration is not required. Does the Keeper have any special requirements?
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