Usually such expenditure will be sanctioned by some collective decision-making process, whether under the titles or in terms of s 27. If so, the obligation to contribute to the expenditure is treated as becoming due when the decision is made and not when the expenditure occurs. The first four subsections deal with the effect of division of the burdened property on liability for an affirmative burden. See paragraphs 4.37, 4.58 and 4.59 of the report. If a burdened property is divided, the owner of each part is jointly and severally liable for any affirmative burdens.
Internal liability is determined by the respective sizes of the parts.
Some affirmative burdens are, by their nature, restricted to a particular part of the burdened property. The rules of external liability can be varied only in the constitutive deed. Rather it regulates both external and internal liability in a case where the burdened property is owned in common. The information contained on this WWW site is Crown Copyright but may be reproduced without formal permission or charge for personal or in-house use. Privacy and Content Disclaimer .