Real Burdens Flashcards
1
Q
Hill of Rubislaw
A
Quarry development.
- Burden limiting max. lettable area of offices was challenged.
- Burden not unreasonable restraint of trade.
- Praedial benefit could include commercial benefit.
2
Q
Marriott v Greenbelt Group Ltd
A
- Burden imposed requiring homeowners to contribute to land maintenance
- M did not have to contribute to maintenance: property not adequately identified
3
Q
Barker v Lewis
A
- B&B in housing development
- Material detriment interpreted as substantial.
- to impose real burden you must have title and interest to sue
- On facts, interdict not granted.
4
Q
Kettlewell
A
Charity bought house- 6 adults learning difficulties. Held: material detriment.
5
Q
Russel Properties Ltd
A
Use restrictions not similar enough to warrant common scheme. (to apply burdens have to be identical/similar)
6
Q
Aberdeen Varieties Ltd v James F Donald (Aberdeen Cinemas) Ltd
A
Real burden did not fulfil the ‘four corners’ of the deed rule. Deed failed to copy the full terms of the statute.
