S14.18 Types of personal real burdens

The Title Conditions Act sets out specific types of personal real burdens which can be named. Personal real burdens can be imposed by someone acting in a particular capacity, without the necessity for them to be an owner of property. The deed may simply use the term "personal real burden" or it may name any of a number of the following specific types of personal real burden.

The 2003 Act, as amended, makes provision for the following personal real burdens:

conservation burdens,
rural housing burdens,
manager burdens,
maritime burdens,
economic development burdens,
health care burdens, and
climate change burdens.

The first six variants could be created from 1 Nov. 2003, while the Climate Change (Scotland) Act 2003 amended the Title Conditions Act to allow for the creation of climate change burdens from 1 April 2010.

Personal real burdens do not require a benefited property, but they cannot be created in favour of any person. A conservation burden may only be created in favour of a conservation body or the Scottish Ministers, a maritime burden may only be created in favour of the Crown, an economic development burden may only be created in favour of a local authority or the Scottish Ministers and a health care burden may only be created in favour of a National Health Service trust or the Scottish Ministers. An entry for such a burden should be made in the burdens section in the usual manner.

The Act specifies that a standard security cannot be created over a conservation burden, maritime burden, economic development burden, health care or rural housing burden. The right to a conservation burden may be assigned, but a right to any of the others (maritime burden, rural housing burden, economic development burden, or health care burden) may not be assigned.

Conservation burdens

Burdens enforceable by a conservation body or Scottish Ministers for conservation or architectural purposes for the benefit of the public. The conservation bodies include local authorities and other bodies prescribed by the Scottish Ministers. A current list of the conservation bodies prescribed by the Scottish Ministers is available in the 2012 Act Registration Manual.

Rural housing burdens

Burdens created in favour of a rural housing body. Rural housing bodies are concerned with the provision of housing on rural land and a list of these bodies is administered by Scottish Ministers. A current list of the rural housing bodies prescribed by the Scottish Ministers is available in the 2012 Act Registration Manual.

Maritime burdens

Burdens created in favour of the Crown over land which forms part of the foreshore or seabed.

Economic development burdens

Burdens created in favour of a local authority or Scottish Ministers for the purpose of promoting economic development.

Health care burdens

Burdens created in favour of National Health Service trusts or Scottish Ministers for the purpose of promoting the provision of facilities for health care.

Manager burdens

Burdens used by a developer for the purpose of appointing a manager in the initial years of a development.

Climate change burdens

With effect from 1 April 2010, it became possible to constitute a climate change burden in favour only of a public body which is one of the conservation bodies, or the Scottish Ministers. It is intended that such burdens should have the purpose of reducing greenhouse gas emissions. In practice, they should consist of an obligation for the affected property to meet specified mitigation and adaptation standards in the event that the property is developed.