Greenbelt Group Ltd v Walsh and others

Heritable property – Title conditions – Real burden – Validity of burden. Sheriff Appeal Court: Allowing an appeal, which concerned the effectiveness of the land-owning model of property maintenance in Scotland, by a pursuer which had raised actions seeking payment from the defenders of their respective shares of the costs of maintaining the amenity areas of a development in Dundee, the defenders' properties being burdened in terms of a clause of a Deed of Conditions by an obligation to pay a share of the maintenance costs incurred by the pursuer in maintaining the Open Ground, of which it was heritable proprietor, within the development, the court held that the sheriff had erred in law in concluding that the clause of the Deed of Conditions was invalid, in terms of s 3(7) of the Title Conditions (Scotland) Act 2003, as having the effect of creating a monopoly.

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