000 01449cad a22002055a 4500
001 E147338
008 090501e20070508xxk 000 0 eng d
035 _a(Sirsi) u147338
041 0 _aeng
245 0 0 _aDavid Brown and Another v Mark Richardson and Another
_bopinion
_h[electronic resource]
260 _c2007
520 _aLTS/TC/2006/41 8 May 2007. Concerned the renewal or variation of real burdens in a Feu Charter of 1888 which related to alterations or extensions to a terraced house. The respondents wished to erect an extension, for which they have planning permission. They invoked the "sunset rule" by executing a Notice of Termination under the Title Conditions (Scotland) Act 2003 S20. Their arguments included an assertion that the burdens were no longer enforceable. The case therefore also raised issues under S53 of the Act, as well as S90(1)(b)(i). "Held": The real burdens are enforceable under S53 of the Act, and the burdens should be varied to the extent of permitting the proposed development
650 2 4 _aDAVID BROWN AND ANOR V MARK RICHARDSON AND ANOR
650 2 4 _aTITLE CONDITIONS (SCOTLAND) ACT 2003 S20
650 2 4 _aTITLE CONDITIONS (SCOTLAND) ACT 2003 S53
651 4 _aScotland
_y1999-
690 _aPlanning and development
_96259
856 4 0 _uhttps://www.lands-tribunal-scotland.org.uk/decisions/LTS.TC.2006.41.html
_zView the decision free of charge at www.lands-tribunal-scotland.org.uk...
942 _n0
999 _c81487
_d81487