S14.4 Rule 2: Real burdens can only be created by the owner of the land to be burdened

Although only the owner of the burdened property can create real burdens, it is not necessary for an owner to have a recorded title. Someone who holds an unrecorded conveyance can grant a deed that creates real burdens (s.123). It is therefore acceptable, for example, for an executor of the last recorded proprietor or a beneficiary who has a docket transfer to create real burdens in a deed.

If a deed that creates real burdens has been granted by someone other than the recorded proprietor and the deed does not include a deduction of title, one of the Land Register Intake RO1 referral officers should be contacted to ensure that links in title have been submitted with the Land Register application. If no links in title have been submitted and there is doubt as to whether the granter owns the burdened property, the agent should be contacted and asked for his comments.