Is the burden in my title still live?
More often than not, when you purchase a property or a piece of land, it will come with various ‘burdens’ on the title. A burden is an obligation affecting the land which normally requires the owner to do something or to refrain from doing something for the benefit of another property. Due to the ability of a burden to run with the land, some burdens may have affected the property for a considerable amount of time, which may cause you to question whether that burden is still live.
There are a number of questions that you need to ask about a burden to assess whether it still affects the property - has a preservation notice been issued? Does the real burden have a duration? Does the ‘Sunset Rule’ apply?
We look at these questions and more in our briefing, available for download below.