GREENBELT GROUP LIMITED v JOHN WALSH AND OTHERS [2019] ScotSAC CIV 9 (08 March 2019)

GREENBELT GROUP LIMITED v JOHN WALSH AND OTHERS [2019] ScotSAC CIV 9 (08 March 2019)

The court held that the real burdens in question were not validly constituted under the Title Conditions (Scotland) Act 2003 and that the appellant did not have title or interest to enforce them against the respondents.

Source-derived case information.

Citation
[2019] ScotSAC CIV 9
Parties
Appellant: Greenbelt Group Limited; Respondents: John Walsh and Others
Jurisdiction
Scotland
Judgment Date
08 March 2019
Procedural Posture
Civil Appeal / Appeal
Outcome
appeal dismissed
Legal Topics
Real Burdens, Title Conditions, Land Maintenance, Enforceability of Obligations
Property Law Contract Law Real Burdens Title Conditions Land Maintenance Enforceability of Obligations

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Summary, issues, holding and outcome

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Parties

Greenbelt Group Limited

Appellant

John Walsh and Others

Respondents

Procedural Posture

Civil Appeal / Appeal

Legal Issues

  1. 1 Whether the real burdens imposed on the respondents' properties are valid and enforceable under the Title Conditions (Scotland) Act 2003
  2. 2 Whether the appellant has title and interest to enforce the burdens

Ratio Decidendi

The court held that the real burdens in question were not validly constituted under the Title Conditions (Scotland) Act 2003 and that the appellant did not have title or interest to enforce them against the respondents.

Court Disposition

appeal dismissed

Orders

  • The appeal is refused.
  • The interlocutor of the sheriff is affirmed.