# Title Conditions (Scotland) Act 2003, Section 1: The expression “real burden”


(1) A real burden is an encumbrance on land constituted in favour of the owner of other land in that person’s capacity as owner of that other land.
(2) In relation to a real burden—
(a) the encumbered land is known as the “burdened property”; and
(b) the other land is known as the “benefited property”.
(3) Notwithstanding subsections (1) and (2) above, the expression “real burden” includes a personal real burden; that is to say a conservation burden, a rural housing burden, a maritime burden, an economic development burden, a health care burden, a manager burden, a personal pre-emption burden and a personal redemption burden (being burdens constituted in favour of a person other than by reference to the person’s capacity as owner of any land).

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Source: https://www.legislation.gov.uk/asp/2003/9/section/1 (the official version)
Page: https://openlegislation.uk/title-conditions-scotland-act-2003/section-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.