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Community burden meaning

What does Community burden mean?
In Scots property practice, a community burden is a suite of matching obligations or restrictions placed on two or more properties in the same development so that each property both owes, and can enforce, the same or similar conditions against the others. It is a statutory category of real burden defined in section 25 of the Title Conditions (Scotland) Act 2003. Typical in estates and flatted developments, community burdens commonly cover use and appearance (for example, alterations, parking, pets), maintenance and cost‑sharing for shared areas, and management arrangements. Because the obligations are reciprocal, any owner within the defined community can usually enforce them against another owner. The Act also provides specific procedures for varying or discharging community burdens collectively, as well as routes to the Lands Tribunal where appropriate. Proper creation and registration in the titles are essential. This term is specific to Scotland. Broadly comparable concepts elsewhere include estate schemes and restrictive covenants in England and Wales and Northern Ireland, and covenant schemes and multi‑unit development regimes in Ireland, but those jurisdictions do not use the statutory term “community burden.”
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NEWS
UK and EU competition update: CMA merger decisions, CAT on Visa and Mastercard collective actions, CAT annuls hydrocortisone cartel finding, veterinary MIR consultation, CJEU state aid ruling (14 March 2024)

In this issue: UK mergers UK private actions UK antitrust UK market studies EU state aid LexTalk®Competition: a Lexis®Nexis community Daily and weekly news alerts Caselex New and updated content UK mergers CMA unconditionally clears Arçelik/Whirlpool EMEA merger after phase 2 The CMA has published its final report following its phase 2 review of the proposed joint venture between Arçelik A.Ş. (through Ardutch B.V.) and Whirlpool Corporation (through Whirlpool EMEA Holdings LLC). Both businesses are among the UK’s major suppliers of large domestic appliances (MDAs), spanning washing machines, tumble dryers, dishwashers and cooking equipment. Arçelik’s products are largely sold under the Beko, Blomberg and Grundig brands, while Whirlpool’s portfolio is chiefly marketed under Indesit and Hotpoint. The authority has upheld its provisional view that the deal is not expected to lead to an SLC in the supply of MDA products in the UK...

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NEWS
Property law weekly: Budget and planning updates, home buying reforms, conveyancing and leasehold rulings, insolvency possession limits, SDLT and VAT cases, London housebuilding measures, Scottish servitude case, HMLR guidance

In this issue: Key developments and horizon scanning Transferring property Leasing property Property insolvency Residential property Property development Property taxes Property in Scotland LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q&As Key developments and horizon scanning CIOT warning re new council tax surcharge The Chartered Institute of Taxation (CIOT) cautions that the government’s planned high-value council tax surcharge risks further complicating property taxation in England and could burden homeowners who are asset‑rich but cash‑constrained. Liability would sit with owners, not residents, and cover holdings via companies or trusts. CIOT also highlights a revised timetable, with commencement pushed back to 2028 and a consultation slated for early 2026 to consider reliefs, exemptions and appeal routes. See LNB News 28/11/2025 14; Source: ‘New surcharge will add more complexity to property tax system’. CIC responds to Chancellor's...

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NEWS
Property disputes weekly highlights (England and Wales): building safety enforcement, lease extension valuation, assured tenancy rent and RROs, surrender by operation of law, and court/fees updates — 22 February 2024

In this issue Repairing obligations and dilapidations Enfranchisement and right to manage Residential tenancies Surrender Disputes and remedies LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Repairing obligations and dilapidations The Department for Levelling Up, Housing and Communities (DLUHC) reports that Minister for Housing and Building Safety, Lee Rowley, met council chief executives to review steps taken against owners who have not remedied safety defects in medium and high-rise buildings. Rowley pressed councils to account for how the £8m provided by the DLUHC is being used to compel rogue building owners to tackle safety concerns. The DLUHC confirmed that owners who fail to advance remediation will face robust council enforcement. See LNB News 21/02/2024 56. Enfranchisement and right to manage Price to be paid for extended lease (Daejan Investments Ltd v Nigel). In...

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PRACTICE NOTES
Scottish Private Client Practice Glossary: Succession, Trusts, Guardianship and Property Terms with England and Wales Equivalents

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

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PRACTICE NOTES
Glossary of Scottish Insolvency Law Terms with England and Wales Equivalents

This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where relevant) Absolute insolvency Meaning: When a person’s liabilities are greater than the overall worth of their assets. Nearest English equivalent: Balance sheet insolvency. Accountant in Bankruptcy (AiB) Meaning: A Scottish Government agency overseeing the regulation of personal bankruptcy (sequestration and Protected Trust Deeds) in Scotland, and able to serve as trustee in sequestrations where no insolvency practitioner is appointed. It also maintains records of corporate insolvencies in Scotland (receivership and liquidations only) but does not perform the role of Official Receiver. See Practice Note: Scotland: the Accountant in Bankruptcy. Nearest English equivalent: N/A. Accountant of Court Meaning: A court-appointed officer within Scottish Courts and Tribunals who administers funds consigned to the Accountant of Court pursuant to a Court of Session interlocutor or during liquidation proceedings. They oversee Judicial Factors or Administrators appointed by the Court to manage estates...

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PRACTICE NOTES
Scots Property Law Glossary: Key Terms with England and Wales Equivalents, Registers, Land Registration and Conveyancing Practice

This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...

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