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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12199
Experience:  30 years as a practising solicitor.
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Good morning...we would like to purchase a holiday lodge within

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Good morning...we would like to purchase a holiday lodge within Duchally Estate in Scotland...this is not a mobile home but a proper house...when we purchase we would own the land...however one of the terms of the deeds states we cannot use the home as our permanent we would own the property outright i find this question is...can this term be enforced or can it be appealed...we are also happy to contact our local council to pay council tax...all other terms we would abide by...or is there any other way we can get round this legally...many thanx
Thanks for your question. The title condition is enforceable and is quite common in holiday lodge parks where the purchaser buys the land. As you know the more normal arrangement is for the land to be leased for typically a 20 or 30 year period. On that situation the condition is dealt with in the lease agreement. However, where you buy the land it is put into a Deed of Conditions. It is to preserve the estate as a holiday estate, in the same way that a retirement complex will provide in its title that properties can only be lived in by older people. You can try to challenge the title condition at the Lands Tribunal for Scotland but you won't win. The title condition is an "amenity" condition and you sign up for it when you buy the property. Happy to discuss further.
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