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Tully v Armstrong

Language: English Series: Scots Law Times ; 1990 SLT 42-45(3)Publication details: 1990Subject(s): Summary: LT for Scotland 16 October 1989. A vetinary surgeon purchased a house and an area of land. He built kennels on land adjacent to the house but sold the rest as surplus to requirements. In selling the land he applied the obligation that only one house should be built and reserved the right to carry on the kennels. A subsequent purchaser of the land complained about the noise and the local authority served a notice under Control of Pollution Act 1974 . As a result the external kennels had to be abandoned and money spent on soundproofing the others. The purchaser then proposed to sell part of his garden for the erection of another dwelling house which the vet objected to. The purchaser applied to the LT under Conveyancing and Feudal Reform (Scotland) Act 1970 to discharge the land obligation contending that it was unreasonable or inappropriate due to changes in the character of the neighbourhood. Application refused on the grounds that erection of a house was not a reasonable use in the
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Law report London Journal article ABS42966 (Browse shelf(Opens below)) 1 Available 39744-1001

LT for Scotland 16 October 1989. A vetinary surgeon purchased a house and an area of land. He built kennels on land adjacent to the house but sold the rest as surplus to requirements. In selling the land he applied the obligation that only one house should be built and reserved the right to carry on the kennels. A subsequent purchaser of the land complained about the noise and the local authority served a notice under Control of Pollution Act 1974 . As a result the external kennels had to be abandoned and money spent on soundproofing the others. The purchaser then proposed to sell part of his garden for the erection of another dwelling house which the vet objected to. The purchaser applied to the LT under Conveyancing and Feudal Reform (Scotland) Act 1970 to discharge the land obligation contending that it was unreasonable or inappropriate due to changes in the character of the neighbourhood. Application refused on the grounds that erection of a house was not a reasonable use in the