Legal Definitions - real burden

A real burden is a legal obligation or restriction that is attached to a specific piece of land itself, rather than to its current owner. This means that the obligation "runs with the land" and legally binds all future owners of that property. Real burdens typically dictate how the land can be used, developed, or maintained, or require the owner to perform certain actions or make contributions.

• Example 1: Architectural Restrictions in a Development

  Imagine a new residential community where the developer wants to ensure a consistent aesthetic and preserve property values. They might establish a real burden on each plot of land, stipulating that all houses built must use a specific type of roofing material and that no building can exceed two stories in height. When someone buys a plot, they are bound by these rules. If they later sell their home, the new owner automatically inherits the same legal obligation to adhere to these architectural standards, even though they were not part of the original purchase agreement. The restriction is tied to the land's title, not just the initial buyer.

• Example 2: Shared Maintenance of a Private Driveway

  Consider three houses that share a single private driveway for access from a public road. When these properties were originally created and sold, a real burden was placed on each property's title requiring its owner to contribute equally to the maintenance, repair, and snow removal for the shared driveway. If one of the houses is sold, the new owner automatically becomes legally responsible for their share of the driveway's upkeep. This obligation is attached to the ownership of the property, not to the individual who originally agreed to it.

• Example 3: Conservation Easement on Agricultural Land

  A farmer sells a portion of their land to a new owner, but wants to ensure that a specific area of natural woodland on that parcel remains undeveloped for ecological reasons. They establish a real burden on the title deed for that portion of land, prohibiting any future construction, logging, or significant alteration of the woodland. This means that any subsequent owner of that land, whether it's the immediate buyer or someone who purchases it decades later, is legally obligated to preserve the woodland in its natural state. The conservation requirement is permanently linked to the land itself.