S14.19 Nameable types of praedial real burdens

A deed creating real burdens must contain either the term "real burden" or it must name a specific type of real burden named in the Title Conditions Act. In practice, deeds will most commonly use the term "real burden" or "community burden".

The nameable real burdens are:

Community burdens

These are burdens which are imposed on 2 or more units of property and each of the units is both a burdened and benefited property, as in a typical housing development.

Affirmative burdens

These are real burdens which impose an obligation on the owner of the burdened property to do something, such as build a house or maintain a wall. These real burdens can only be imposed against the owner of the burdened property and cannot be imposed on other parties occupying, such as tenants.

Negative burdens

These are real burdens which state that the owner of the burdened property must not do something, such as an obligation not use the property for a place of business or for the sale of alcohol. Negative burdens can be enforced against the occupier of the burdened property as well as the owner.

Ancillary burdens

These burden a property with the right of neighbouring proprietors to enter or make use of the burdened property purely to comply with any negative or affirmative burden. The proprietor of an upper villa might, for example, have right of access over the ground belonging to the proprietor of the lower villa, but only in order to comply with a burden requiring them to maintain the upper villa.

Facility burdens

These are real burdens which regulate the maintenance, management, reinstatement or use of property which is used as a facility to other land. An example of this is where the owner is obliged to maintain or contribute to the maintenance of the common parts of a tenement.

Service burdens

Service burdens are concerned with the provision of services, such as a water supply or electricity, to other land.