000			01452cab a2200193 4500
001			ABS42966
008			090401t1990 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u39744
041			_aeng
245			_aTully v Armstrong
260			_c1990
350			_a0
490			_aScots Law Times _v1990 SLT 42-45(3)
520			_aLT 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
650			_aRESTRICTIVE COVENANTS
690			_aPROPERTY LAW AND PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c25446 _d25446