Jump to ContentJump to Main Navigation
Mixed Jurisdictions ComparedPrivate Law in Louisiana and Scotland$
Users without a subscription are not able to see the full content.

Vernon Palmer and Elspeth Reid

Print publication date: 2009

Print ISBN-13: 9780748638864

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748638864.001.0001

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 28 May 2020

Title Conditions in Restraint of Trade

Title Conditions in Restraint of Trade

Chapter:
(p.30) 2 Title Conditions in Restraint of Trade
Source:
Mixed Jurisdictions Compared
Author(s):

John A Lovett

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748638864.003.0012

This chapter enquires whether title conditions can prohibit a burdened property owner from operating a theatre, a seafood restaurant, a public house, an optician's shop, or even an outpatient surgical and diagnostic centre, that competes with a similar business operated on a benefited property? Can they require a burdened owner to engage in some kind of trade with a benefited proprietor or to construct some facility that will benefit the business interests of the person who owns the benefited property? Many legal systems permit these kinds of arrangements as a matter of contract law — as long as the specific agreement in question is not broad enough to violate some external principal of public, anti-competition law. But the more difficult question — and the one that simmers at the centre of this chapter — is whether such an agreement can ‘run with the land’ and be enforced by and against singular or particular successors of the original parties. In other words, can a title condition that imposes a restraint of trade on the burdened property for the sole purpose of conferring a commercial advantage on the benefited proprietor be treated as property? If the answer to this question is affirmative, then a powerful and perhaps new kind of property interest has emerged in Scottish and Louisiana law, one that tells us something significant about the nature of property law itself in these two mixed jurisdictions.

Keywords:   title conditions, property owners, competition, contract law, property law, Scotland, Louisiana

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.