onera realia

onera realia (on-[schwa]r-[schwa] ree-ay-lee-[schwa]). [Law Latin] Scots law. Real burdens.

“Onera realia … are burdens or encumbrances affecting land, and exigible from it. They are distinguished from personal burdens, which only affect and are exigible from the person upon whom they lie. A single example may illustrate the nature of both. It is a common enough practice, when lands are sold, for the seller not to insist on payment of the full price at the time of the sale, but to allow a part of the price to remain on the lands as a burden. If the balance so left be declared … to be a real lien … it is a burden for which the lands may be attached and sold, into whose possession soever they may come. But if the burden of payment of the remainder of the price be laid upon the purchaser alone, and not upon the lands, then the burden is personal, and a subsequent purchaser from him incurs no liability therefor, the lands not being affected. John Trayner, Trayner’s Latin Maxims 423 (4th ed. 1894).


专业法律词汇 词条贡献者
法律翻译Dan,在一家专注于能源领域的国际律师事务所担任全职法律翻译,擅长翻译有关新兴技术领域的法律文件。
Scroll to Top