Legal Definitions - onera realia

Definition: Onera realia (on-uhr-uh ree-ay-lee-uh). [Law Latin] Scots law. Real burdens.

Explanation: In Scots law, onera realia refers to burdens or encumbrances that affect land and can be demanded from it. These are different from personal burdens, which only affect the person they are imposed on. For example, when someone sells land, they may allow the buyer to pay only a part of the price at the time of the sale and leave the rest as a burden on the land. If this burden is declared to be a real lien, it becomes a burden that can be attached to and sold with the land, no matter who owns it. However, if the burden of paying the remaining price is only on the buyer and not on the land, it is a personal burden that does not affect the land and subsequent buyers are not liable for it.

Example: A common example of onera realia is a mortgage. When someone takes out a mortgage to buy a house, the mortgage becomes a burden on the house. If the owner of the house fails to pay the mortgage, the lender can foreclose on the house and sell it to recover the debt. The mortgage is a real burden because it affects the house and can be demanded from it.

Explanation of example: In this example, the mortgage is a burden on the house and can be demanded from it. If the owner of the house fails to pay the mortgage, the lender can foreclose on the house and sell it to recover the debt. This illustrates the concept of onera realia because the mortgage is a real burden that affects the land and can be demanded from it.