My client wants to create personal real burdens. Does the Keeper have any particular requirements relating to the registration of a constitutive deed containing such burdens?
Personal real burdens are created/constituted in favour of certain prescribed legal bodies otherwise than in their capacity as owner of other land. As there is no benefited property, there is no requirement for dual registration. If your deed does not require dual registration, because only personal real burdens are being constituted, you should indicate this in the application form or an accompanying letter in accordance with Registers Update 23. But for your constitutive deed to be registrable, it will need to meet the other requirements of section 4 of the 2003 Act. Therefore, the deed must be granted by, or on behalf of, the owner of the burdened property; the term ‘real burden’ or the name of one of the types of real burden must be employed by your deed; the burdened property should be properly nominated and identified; and the deed must nominate and identify the person in whose favour the real burden is to be constituted. Personal real burdens can only be created in favour of pre