Management of real burden: rights, obligations, and land registry procedures

A real burden is a right that imposes future payments or services on the owner of an encumbered property (in contrast to servitudes, where the owner is obliged to refrain from or allow something).

A real burden arises based on a legal transaction or law. A real burden can be established for the benefit of a specific person or for the benefit of the current owner of a specific property.

To establish a real burden, a valid legal transaction indicating the obligation to establish is required, along with land registry consent and registration in the land registry.

The owner of the encumbered property is liable with the property for all obligations arising from the real burden.

If a property burdened with a real burden is divided, each owner is jointly and severally liable. If a property is divided, and each owner is the holder of the real burden, the real burden remains in favor of the owner of each individual part of the property.

The provisions of the Real Property Act on servitudes are analogously applicable to real burdens. The provisions applicable to mortgages are analogously applicable to individual obligations.

For questions related to real burdens, attorney Jurij Kutnjak is available by phone or email.