Jump to ContentJump to Main Navigation
Roman Law, Scots Law and Legal HistorySelected Essays$
Users without a subscription are not able to see the full content.

William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

Show Summary Details
Page of

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☼

(p.231) 18 Variation and Discharge of Land Obligations
Roman Law, Scots Law and Legal History

William M Gordon

Edinburgh University Press

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

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.