What is a real burden

A real burden is a requirement of ownership that affects a property, regardless of who the property belongs to.

Real burdens can be used to control how a property is used. They can instruct the owner to do something (such as maintain or repair a boundary wall), or not do something (such as not run a business from the property).

Find real burdens affecting your property

You can find information about the real burdens that apply to your property:

  • In the title sheet for the property (for those in the land register)
  • In deeds recorded against the property in the sasine register

Order title documents

If you're looking for a legal interpretation of burdens affecting any property, you should speak to your solicitor.

You can order a copy of an individual deed regardless of whether you own the property or not.

Changing or removing real burdens

Unless clearly stated, real burdens continue without change for the lifetime of the property.

There are, however, ways in which a real burden can be changed (varied) or removed (discharged).

Changing or removing a real burden will need the consent of the person entitled to enforce it. This can be a complex legal process.

If you are looking to change or remove a real burden, you should seek legal advice.

Find a solicitor

Other resources

For a more detailed look at real burdens, go to our Knowledge Base.

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