burdened property

burdened property

in Scots property law, property affected by a REAL BURDEN.
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The party with the benefit of the easement will have rights to enter onto the burdened property at all reasonable times, on reasonable notice, to repair and renew installations.
The same causal relationship between wide distribution of the burden and offsetting benefits for burdened property owners can exist in exaction cases, as both Nollan and Dolan illustrate.
In our estimation, the fairness of an exaction frequently depends on the extent to which the exactions program benefits the burdened property owner through its wide application.
Judicially created tests and statutes typically require that the amount assessed be limited to the value of the special benefit enjoyed by the burdened property. See Reynolds, supra note 14, at 397-402.
In some situations, a different type of benefit will also accrue to the burdened landowner, that is, when an exaction provides a direct benefit to the burdened property itself.
Generally, the allowable deduction for a conservation easement is the difference between the value of the burdened property before and after the donation.
The fact that the map was later abandoned does not have any significance since the easements were already in place when the map was filed and those easements could not be eliminated by any act of the servient estate (the burdened property).
* An estate tax lien did not transfer to property received in exchange for the burdened property.