Is that burden dead yet?
Language: English Series: Journal of the Law Society of Scotland ; 51(6) June 2006, 46-48(3) | Journal of the Law Society of Scotland ; 51(7) July 2006, 50-53(4)Subject(s):- TITLE CONDITIONS (SCOTLAND) ACT 2003
- GEORGE WIMPEY EAST SCOTLAND LTD V FLEMING
- ORD V MASHFORD
- CHURCH OF SCOTLAND GENERAL TRUSTEES V MCLAREN
- TITLE CONDITIONS (SCOTLAND) ACT 2003
- LAND REGISTRATION (SCOTLAND) ACT 1979
- ABOLITION OF FEUDAL TENURE ETC (SCOTLAND) ACT 2000
- J A MACTAGGART AND CO V HARROWER
- DALRYMPLE V HERDMAN
- HISLOP V MACRITCHIE'S TRUSTEES
- TAILORS OF ABERDEEN V COUTTS SCOTLAND
- Scotland -- 1999-
- Landlord and tenant
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L134563 (Browse shelf(Opens below)) | 1 | Available | 134563-1001 |
Considers in this two part article the continued enforceability of real burdens and ways of extinguishing them following feudal abolition. The issues of enforceability and extinction are governed principally by the Title Conditions (Scotland ) Act 2003 and to a lesser extent by the Abolition of Feudal Tenure etc Act (Scotland) 2000. Suggests that a staged approach should be taken in working out what must be done (if anything) about a burden which potentially blocks a client's plans. Concludes that in the final analysis the enforceability of burdens and appropriate ways of extinguishing them are matters which must be considered on a case-by-case basis. Table covers recording and registration turnaround times as at 24 June 2006.