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Last edited 08 Feb 2021
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.'
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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