Real Burdens

Question 1

Hill of Rubislaw

Answer 1

Quarry development.

• Burden limiting max. lettable area of offices was challenged.
• Burden not unreasonable restraint of trade.
• Praedial benefit could include commercial benefit.

Question 2

Marriott v Greenbelt Group Ltd

Answer 2

• Burden imposed requiring homeowners to contribute to land maintenance
• M did not have to contribute to maintenance: property not adequately identified

Question 3

Barker v Lewis

Answer 3

• B&B in housing development
• Material detriment interpreted as substantial.
• to impose real burden you must have title and interest to sue
• On facts, interdict not granted.

Question 4

Kettlewell

Answer 4

Charity bought house- 6 adults learning difficulties. Held: material detriment.

Question 5

Russel Properties Ltd

Answer 5

Use restrictions not similar enough to warrant common scheme. (to apply burdens have to be identical/similar)

Question 6

Aberdeen Varieties Ltd v James F Donald (Aberdeen Cinemas) Ltd

Answer 6

Real burden did not fulfil the ‘four corners’ of the deed rule. Deed failed to copy the full terms of the statute.