Real Burden Linked with an Easement

The real burden is a right in rem which obliges an owner of immovable property to fulfil an obligation to a beneficiary for which he/she is liable solely with the immovable property. The surety element that makes the real burden a right in rem is highly bound to the positive act. From this aspect, real burden is similar to the accessory positive act to the easement. Despite the fact that the accessory positive act to the easement should be determined within the constitutive agreement of the easement and based on an entry in the land register, that it shouldn’t present a bigger encumbrance than the easement itself and that its existence is bound to the existence of the easement; the real burden is in principle independent. However, a real burden can be linked to an easement. In this context, the real burden must be linked to a permanent easement, but it doesn’t matter if the easement is a real or personal one. Similarly, there should be an internal link between these two rights. This internal link will be assured by establishing the easement and the real burden on the same immovable property and creating the real burden in the way to ease, enable and secure the exercise of the easement. But unlike the accessory positive act bound to easement, the real burden can present a bigger encumbrance than the easement to which it is linked. Real burden linked to the permanent easement, the debtor may not request its redemption and the real burden will be extinguished whenever the easement is extinguished. Consequently, if the property charged with the easement is partitioned, the real burden will be deleted from the parts to which the easement couldn’t be transferred