Heritable Property – Title Conditions – Discharge or variation – Use restriction – Temporary parking of one car – Restriction on internal alteration – Variations reasonable – no basis for awarding compensation – Title Conditions (Scotland) Act 2003, Sections 98, 100

Mark Hollinshead & Anr v Jeremy Gilchrist
7 December 2009

In an application considered on the basis of written submissions and a site inspection, the Tribunal was not clear on what basis the respondent, the original disponer, was a benefited proprietor. The Tribunal was, however, prepared to exercise its jurisdiction over ‘purported’ title conditions. The respondent’s property was, the Tribunal found, scarcely, if at all, affected at all by the proposed variations of a restriction on parking in the applicant’s driveway and of internal alterations. There was also no basis for a claim of compensation by the respondent.

Authorities: None

See full decision:  LTS/TC/2008/31