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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12187
Experience:  30 years as a practising solicitor.
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I have been gifted a small area of land from my father. I

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I have been gifted a small area of land from my father. I had hoped to build on it, but it appears from my lawyer that their Is a burden on the land that it has to be approved by the company which he purchased it from. This company has been bought over twice since the land was purchased. The land was purchased in 2003 with a no development clause for 10 years. Our recent lawyer now tells us that the burden is life long can we do anything about this
Thank you for your question.
Can you explain this a little more? When your father purchased the land did he agree that the land would not be developed for 10 years yet there is a burden in the title preventing development at all? Is that the situation or is it something else?
Customer: replied 3 years ago.

Yes when he bought the land the condition was if it was developed within 10 years he had to pay 33% of sale or build to seller. Ten years elapsed in October 3013. At this time we applied for planning permission to build. We now have permission and land was transferred in march this year and now our lawyer has pointed out a burden that land can only be used for grazing of animals unless agreed otherwise by owners of land adjacent to ours. Originally this land belonged to the seller but this company has been bought over twice since sale.

Potentially you have a problem if you want to develop as a title burden like this is enforceable by the neighbouring proprietor from time to time notwithstanding any personal agreement with the original seller.
Your next steps are:
1. To ask the neighbour for a Minute of Waiver deleting the burden from the title. They may ask for "ransom" money in return.
2. To apply to the Lands Tribunal for extinction of the burden on the basis that it is unreasonable. The Lands Tribunal would hear the arguments and make a decision thereafter.
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