Commentary on Sections Part 10: Miscellaneous Section 116: Benefited property outwith Scotland
490.This section reaffirms the common law rule that a benefited property (but not a burdened property) can be outside Scotland. It also makes clear that, in such a case, there is to be no requirement of registration against the benefited property (for example, under sections 4(5), 50(3) and 80(6)).