Servitudes and Real Burdens
This chapter discusses the law of servitudes in Scotland and South Africa. Praedial and personal servitudes are considered separately. For praedial servitudes, the method chosen has been to look first at the common ground and then at the differences. For personal servitudes, the order is reversed because there are striking differences which claim immediate attention. In dealing with praedial servitudes a separate section is devoted to a comparison between real burdens and restrictive covenants and conditions, in the light of the somewhat anomalous character particularly of restrictive conditions and the obvious parallels between them and Scottish real burdens.
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