Hill of Rubislaw (Q Seven) Ltd v Rubislaw Quarry Aberdeen Ltd and others

Heritable property – Title conditions – Real burden. Court of Session: Refusing a reclaiming motion in an action for declarator, the court agreed with the Lord Ordinary that a clause in a minute of agreement relating to subjects on which the pursuers wished to construct an office development did constitute a valid and enforceable real burden in terms of the Title Conditions (Scotland) Act 2003 and that the restriction in the clause related to construction and not merely to letting.

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