PART D - pre-seen Flashcards
1
Q
What is a real burden?
A
protections inherent in title of land that encourage/prevent owner
2
Q
Praedial definition
A
for the benefit of the land, not the owner
3
Q
Four conditions of a real burden
A
- must relate to the land, not the owner
- must benefit the land, not the owner
- must not be repugnant with ownership
- must be in public interest
4
Q
Authority for requirements
A
s.3 Title Conditions (Scotland) Act 2003
5
Q
Are the requirements satisfied?
A
Yes
6
Q
How to establish right to enforce real burden?
A
- title
- interest
7
Q
Authority for title + interest
A
s.8(1) Title conditions 2003
8
Q
How to satisfy title
A
- real burden deed must name both properties and be dual-registered against them
- prove title deed
- or express nomination
9
Q
How to satisfy interest
A
material detriment to the enjoyment of their property
10
Q
Similar case
A
Barker v Lewis 2007
11
Q
Do they have title + interest
A
Yes
