Last edited 17 Apr 2019

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

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