Burdened property - Revision history

Designing Buildings at 06:40, 1 June 2021

2021-06-01T06:40:35Z

← Older revision		Revision as of 06:40, 1 June 2021
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	Ref Report on Section 53 of the Title Conditions (Scotland) Act 2003, Scottish Law Commission, April 2019. [https://www.scotlawcom.gov.uk/files/8515/5542/7539/Report_on_Section_53_of_the_Title_Conditions_Scotland_Act_2003_Report_254.pdf https://www.scotlawcom.gov.uk/files/8515/5542/7539/Report_on_Section_53_of_the_Title_Conditions_Scotland_Act_2003_Report_254.pdf]		Ref Report on Section 53 of the Title Conditions (Scotland) Act 2003, Scottish Law Commission, April 2019. [https://www.scotlawcom.gov.uk/files/8515/5542/7539/Report_on_Section_53_of_the_Title_Conditions_Scotland_Act_2003_Report_254.pdf https://www.scotlawcom.gov.uk/files/8515/5542/7539/Report_on_Section_53_of_the_Title_Conditions_Scotland_Act_2003_Report_254.pdf]
		+
		+	See also: Burdens.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

		+	* Burdens.
	* Common law.		* Common law.
	* Freehold.		* Freehold.

Designing Buildings at 07:03, 8 February 2021

2021-02-08T07:03:56Z

← Older revision		Revision as of 07:03, 8 February 2021
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	* Scottish Land Reform Bill.		* Scottish Land Reform Bill.

−	[[Category:Property_law]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Definitions]] [[Category:Property_law]]

Designing Buildings at 12:57, 17 April 2019

2019-04-17T12:57:23Z

← Older revision		Revision as of 12:57, 17 April 2019
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	According to the Scottish Law Commission, a ‘burdened property’ is a property which is affected by a real burden. Where a real burden is 'A perpetual obligation affecting land, usually of a positive or negative character, which can be enforced by neighbouring landowners.'		According to the Scottish Law Commission, a ‘burdened property’ is a property which is affected by a real burden. Where a real burden is 'A perpetual obligation affecting land, usually of a positive or negative character, which can be enforced by neighbouring landowners.'

−	A ‘benefited property’ is a property which benefits from a real burden. Its owner and certain other parties, such as a tenant ~~of that property~~, can enforce the burden.	+	A ‘benefited property’ is a property which benefits from a real burden. Its owner and certain other parties, such as a tenant, can enforce the burden.

−	An ‘amenity burden’ is a real burden which protects amenity ~~such as~~ by forbidding building or non-residential use.	+	An ‘amenity burden’ is a real burden which protects amenity, for example, by forbidding building or non-residential use.

−	A ‘community burden’ is a real burden which regulates a group or ~~“community”~~ of properties and is mutually enforceable by the owners of the properties in the community.	+	A ‘community burden’ is a real burden which regulates a group or community of properties and is mutually enforceable by the owners of the properties in the community.

	A ‘facility burden’ is a real burden which regulates a common facility such as a common area for recreation, a private road or a boundary wall.		A ‘facility burden’ is a real burden which regulates a common facility such as a common area for recreation, a private road or a boundary wall.
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	A ‘service burden’ is a real burden which requires the provision of a service such as electricity.		A ‘service burden’ is a real burden which requires the provision of a service such as electricity.

−	In April 2019, the Scottish Law Commission published as report ~~suggestinf~~ that the legislation providing a legal basis for real burdens (section 53 of the Title Conditions (Scotland) Act 2003) following the abolition of feudal tenure was too difficult to apply and needed be reformed. For more information see: Feu charter.	+	In April 2019, the Scottish Law Commission published as report suggesting that the legislation providing a legal basis for real burdens (section 53 of the Title Conditions (Scotland) Act 2003) following the abolition of feudal tenure was too difficult to apply and needed be reformed. For more information see: Feu charter.

	Ref Report on Section 53 of the Title Conditions (Scotland) Act 2003, Scottish Law Commission, April 2019. [https://www.scotlawcom.gov.uk/files/8515/5542/7539/Report_on_Section_53_of_the_Title_Conditions_Scotland_Act_2003_Report_254.pdf https://www.scotlawcom.gov.uk/files/8515/5542/7539/Report_on_Section_53_of_the_Title_Conditions_Scotland_Act_2003_Report_254.pdf]		Ref Report on Section 53 of the Title Conditions (Scotland) Act 2003, Scottish Law Commission, April 2019. [https://www.scotlawcom.gov.uk/files/8515/5542/7539/Report_on_Section_53_of_the_Title_Conditions_Scotland_Act_2003_Report_254.pdf https://www.scotlawcom.gov.uk/files/8515/5542/7539/Report_on_Section_53_of_the_Title_Conditions_Scotland_Act_2003_Report_254.pdf]

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2019-04-17T12:55:28Z

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According to the Scottish Law Commission, a ‘burdened property’ is a property which is affected by a real burden. Where a real burden is 'A perpetual obligation affecting land, usually of a positive or negative character, which can be enforced by neighbouring landowners.'

A ‘benefited property’ is a property which benefits from a real burden. Its owner and certain other parties, such as a tenant of that property, can enforce the burden.

An ‘amenity burden’ is a real burden which protects amenity such as by forbidding building or non-residential use.

A ‘community burden’ is a real burden which regulates a group or “community” of properties and is mutually enforceable by the owners of the properties in the community.

A ‘facility burden’ is a real burden which regulates a common facility such as a common area for recreation, a private road or a boundary wall.

A ‘service burden’ is a real burden which requires the provision of a service such as electricity.

In April 2019, the Scottish Law Commission published as report suggestinf that the legislation providing a legal basis for real burdens (section 53 of the Title Conditions (Scotland) Act 2003) following the abolition of feudal tenure was too difficult to apply and needed be reformed. For more information see: Feu charter.

Ref Report on Section 53 of the Title Conditions (Scotland) Act 2003, Scottish Law Commission, April 2019. [https://www.scotlawcom.gov.uk/files/8515/5542/7539/Report_on_Section_53_of_the_Title_Conditions_Scotland_Act_2003_Report_254.pdf https://www.scotlawcom.gov.uk/files/8515/5542/7539/Report_on_Section_53_of_the_Title_Conditions_Scotland_Act_2003_Report_254.pdf]

= Related articles on Designing Buildings Wiki =

* Common law.
* Freehold.
* Feu charter.
* Housing tenure.
* Landlord.
* Leasehold.
* Scottish building standards.
* Scottish Land Reform Bill.

[[Category:Property_law]]