Property owners encouraged to act now to preserve real burdens

By Sheila Irvine and Drew Wallace

The purpose of this bulletin is to highlight the fact that certain real burdens will be automatically extinguished on 28 November 2014, unless action is taken by property owners to preserve them.

A real burden (which is the Scottish equivalent of a ‘restrictive covenant’ in England and Wales) is an encumbrance on the title of property that benefits neighbouring property. Real burdens typically prohibit certain activities, impose building restrictions, oblige owners to build to specified plans or allocate responsibility for maintenance and repair.

The ability to enforce real burdens can have a significant positive impact on the amenity, value and enjoyment of property…

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