Head 19: Real Burdens

Question 1

Aberdeen Varieties Ltd v James F Donald (Aberdeen Cinemas) Ltd 1939 SC 788
(4 corners of the deed)

Answer 1

 Same company owned 2 theatres.
 Company sold 1 of the theatres off.
 Posed a condition in the conveyance saying that the theatre could not be used as a cinema.
 This was realistically a restriction of trade, they wanted the theatre being sold off to no longer run as a theatre (so could not become competition).
 Held, it was not a valid real burden.
 The Theatre Act, which was made reference to in the burden, was only referred to and should have been set out in full.
 This meant that the full terms of the burden were not set out.

Question 2

Kettlewell v Turning Point Scotland 2011 SLT (Sh Ct) 143

Answer 2

 Neighbouring proprietors had interest to sue in terms of the Title Conditions (Scotland) Act 2003 s.8(3)(a) in their action seeking interdict against a charity using a house for the provision of 24 hour accommodation and care for persons with learning difficulties in breach of a title condition requiring it to be used for occupation by one family only as their house and for no other purpose.