Burdened property
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, can enforce the burden.
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 ‘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 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
See also: Burdens.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Sustainable development concepts decade by decade.
The regenerative structural engineer
A call for design that will repair the natural world.
Buildings that mimic the restorative aspects found in nature.
CIAT publishes Principal Designer Competency Framework
For those considering applying for registration as a PD.
BSRIA Building Reg's guidance: The second staircase
An overview focusing on aspects which most affect the building services industry.
Design codes and pattern books
Harmonious proportions and golden sections.
Introducing or next Guest Editor Arun Baybars
Practising architect and design panel review member.
Quick summary by size, shape, test, material, use or bonding.
Types of rapidly renewable content
From forestry to agricultural crops and their by-products.
Terraced houses and the public realm
The discernible difference between the public realm of detached housing and of terraced housing.
Looking back at the influence of climate events
From a designer and writer: 'There are limits to growth but no limits to development'.
Terms, histories, theories and practice.
Biophilic design and natural light
Letting in the light and natural elements into spaces.