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Roman Law, Scots Law and Legal HistorySelected Essays$
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William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 18 September 2021

Variation and Discharge of Land Obligations☼

Variation and Discharge of Land Obligations☼

Chapter:
(p.231) 18 Variation and Discharge of Land Obligations
Source:
Roman Law, Scots Law and Legal History
Author(s):

William M Gordon

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748625161.003.0018

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

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