Legal Definitions - transit terra cum onere

Transit terra cum onere is a Latin legal principle that translates to "the land passes with its burdens." This concept means that when ownership of a piece of land is transferred from one party to another, certain obligations, restrictions, or rights that are legally attached to that land are also transferred to the new owner. These "burdens" are not personal to the previous owner but are considered inherent to the property itself, meaning they "run with the land." Consequently, the new owner acquires the property subject to these existing encumbrances, even if they were not directly involved in creating them.

Here are some examples illustrating this principle:

• Easement for Access: Imagine a large rural property that is subdivided and sold off in smaller parcels. One of the smaller parcels, Parcel A, is landlocked and relies on a pre-existing easement across an adjacent Parcel B for vehicle access to a public road. When Parcel B is sold to a new owner, that new owner automatically acquires Parcel B subject to the easement. They cannot legally block the owner of Parcel A from using the designated access path. The "burden" of providing access to Parcel A transferred with the ownership of Parcel B.

• Restrictive Covenants in a Community: Consider a residential neighborhood where all properties are subject to a restrictive covenant established by the original developer. This covenant might stipulate that all homes must maintain a certain architectural style, or that no fences over six feet tall are permitted. If a new buyer purchases a home in this neighborhood, they are bound by these existing restrictions. They cannot decide to build a fence that violates the height limit, even though they were not the original party who agreed to the covenant. The "burden" of adhering to these community standards transferred with the property.

• Environmental Remediation Obligations: Suppose a former industrial site, known to have soil contamination from previous operations, is sold to a new development company. Under environmental laws, the responsibility for monitoring and potentially cleaning up such contamination often attaches to the land itself. When the development company purchases the property, they may inherit the legal obligation to address the environmental issues, even if they did not cause the pollution. The "burden" of environmental compliance and potential cleanup transferred with the ownership of the contaminated land.