Chapter

Variation and Discharge of Land Obligations<sup>☼</sup>

William M Gordon

in Roman Law, Scots Law and Legal History

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748625161
Published online September 2012 | e-ISBN: 9780748671571 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748625161.003.0018
Variation and Discharge of Land Obligations☼

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A scheme for the judicial variation and discharge of burdens on land interfering with legitimate and desirable development was proposed by the Halliday Committee and eventually entrusted to the Lands Tribunal for Scotland. One source of the scheme revealed by Parliamentary Papers appears to have been the English Law of Property Act 1925, s. 84, dealing with the variation and discharge of restrictive covenants which has its somewhat unlikely origin in a report of a Committee on Acquisition of Land for Public Purposes appointed in 1917. The English provisions were amended in 1969 and the Scottish provisions in the Conveyancing and Feudal Reform (Scotland) Act 1970 bear a considerable resemblance to them. Arguably too much was simply copied and it is an unsound approach to copy English legislation rather than make new and appropriate provision as is now done by the Title Conditions (Scotland) Act 2003.

Keywords: Land obligations; Halliday Committee; Restrictive covenants; Lands Tribunal for Scotland; Parliamentary Papers

Chapter.  11454 words. 

Subjects: History of Law

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