Last edited 07 Sep 2021

Burdens

Land measurement for planning and development purposes, Guidance Note, Global 1st edition, Published by the Royal Institution of Chartered Surveyors (RICS) in May 2021, suggests that burdens are: ‘…legal obligations affecting land or buildings that typically restrict certain activities, impose use and/or building restrictions, or allocate responsibility for repair and maintenance.’

Common Repair, Common Sense, A short guide to the management of tenements in Scotland, Second edition, Published by Consumer Focus Scotland in September 2009, defines burdens or real burdens as: ‘An obligation on the occupier of land (or buildings) to do something or refrain from doing something on that land. The obligation ‘runs with the land’, which means it will continue even when the land (or building) is sold.’

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