S14.5 Rule 3: The deed must use the term "real burden" or one of the nameable real burdens
Deeds that create real burdens must use either the term “real burden" or a nameable type of real burden. It is not acceptable for deeds to describe the real burdens only by using other terms such as "conditions", "title conditions" or "burdens".
It is sufficient to include a phrase such as:
“the conditions contained herein are hereby declared to be real burdens”.
The other nameable types of praedial real burdens are:
• community burdens
• affirmative burdens
• negative burdens
• ancillary burdens
• facility burdens
• service burdens.
In practice, deeds most commonly use either the term “real burden” or “community burden”.
Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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