Legal Definitions - real burden

A real burden is a restriction or obligation imposed on a person or property in Scots law. When the burden is on real property, it is called a real burden.

• An easement created a burden on the estate, restricting the use or value of the land.
• A servitude is a burden on land, imposing an obligation on the property owner.

These examples illustrate how a real burden can limit the rights of a property owner and affect the use or value of the land. In both cases, the property owner is subject to a legal obligation that restricts their freedom to use the land as they wish.

An undue burden is a substantial and unjust obstacle to the performance of a duty or enjoyment of a right. For example, excessive discovery requests can place an undue burden on the person who must produce the data requested. Similarly, a state law requiring a particular kind of mud flap on trucks may place an undue burden on the flow of interstate commerce.

These examples illustrate how an undue burden can hinder or oppress individuals or businesses, making it difficult or impossible to fulfill their obligations or exercise their rights.