My clients property is affected by real burdens which were constituted by dual registration. Do I need to dual register a discharge or minute of waiver of any of those real burdens?
A. No. A discharge or variation of real burdens requires to be registered only against the burdened property, in terms of section 15 of the 2003 Act. The Keeper has the discretion to carry out any amendments she considers appropriate to benefited property title sheet/s without the necessity of applications against those titles. The minute of waiver or discharge should specify the title of the party discharging or varying the real burden, and this may require the use of the benefited property title number. If your deed contains additional new real burdens, dual registration would usually be required if your deed is to constitute those additional real burdens, rather than simply waive existing burdens to a particular extent. This will depend upon the terms of your deed. If your deed does no more than waive an existing burden, for example where an absolute prohibition on further building on a plot of land is waived to the extent of permitting a garage, then the Keeper’s view is that dual
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