(1) Where—
(a) before the appointed day, land was feued subject to a real burden enforceable by a superior (or so enforceable if the person in question were to complete title to the dominium directum) which reserved for the superior the benefit (whether wholly or in part) of any development value of the land (such a real burden being referred to in this Part of this Act as a “development value burden”); and
(b) either—
(i) the consideration paid, or payable, under the grant in feu was significantly lower than it would have been had
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