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Council for Music in Hospitals and Others v Trustees for Richard Gerald Associates opinion [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: LTS/TC/2006/61 and LTS/TC/2007/01 5 February 2008. Concerned an application to renew a title condition which had been the subject of a notice of termination under the Title Conditions (Scotland) Act 2003 S20 ("Sunset Rule"). The condition is a real burden contained in an Instrument of Sasine of 1838, and prohibited building in the rear garden of a house. The house is now made into flats with four separate owners, with the owner of the basement flat also owning the garden. "Held": applications refused. The applicants failed to satisfy the Tribunal that renewal of the burden is reasonable.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 147347-2001

LTS/TC/2006/61 and LTS/TC/2007/01 5 February 2008. Concerned an application to renew a title condition which had been the subject of a notice of termination under the Title Conditions (Scotland) Act 2003 S20 ("Sunset Rule"). The condition is a real burden contained in an Instrument of Sasine of 1838, and prohibited building in the rear garden of a house. The house is now made into flats with four separate owners, with the owner of the basement flat also owning the garden. "Held": applications refused. The applicants failed to satisfy the Tribunal that renewal of the burden is reasonable.