A disposition of lands by X contained a declaration that it should not be lawful for A (the disponee) or his foresaids to sell or feu part of the lands disponed except under certain specified conditions as to the number and value of the dwelling-houses to be erected thereon, ‘which restriction shall be a real burden affecting the said lands, and shall operate as a servitude in favour of’ B (another disponee of X) and his foresaids in all time coming.
Held that the declaration merely placed upon A and his heirs a personal prohibition against selling or feuing except under the conditions specified, and did not constitute the restriction a real burden on the lands, and that, accordingly, a singular successor of B was not entitled to interdict a singular successor of A from contravening the restriction.
Citations:
[1914] SLR 614
Jurisdiction:
Scotland
Cited by:
Appeal from – Anderson v Dickie HL 22-Apr-1915
S. feued a piece of his ground to M., the feucontract containing this clause-‘Declaring . . that it shall not be lawful to the said S. or his aforesaids or the other disponees to sell or feu any part of the said ground now occupied as the lawn . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 18 May 2022; Ref: scu.621101
