Part 1Real burdens: general
Meaning and creation
I11The 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).