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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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Scots Law) In 1990 Developer A sells a parcel of land to

Customer Question

Scots Law) In 1990 Developer A sells a parcel of land to Developer B and in the disposition the following burdens are created 1. Developer B must create and maintain the open/amenity spaces until adoption by the Local Authority. 2. Developer B is prohibited from transferring ownership of these open/amenity spaces to any individual purchaser.
Developer B decides not to pay the Local Authority (as per the planning permission etc) and adoption does not take place. 27 years later Developer B decides to stop maintaining the areas and invokes (the standard) burden in individual title deeds to take over maintenance 'because the Local Authority has not done so'. Do we the home owners have a legal challenge based on that original Disposition/Burden? This topic relates to my previous queries.
Submitted: 4 months ago.
Category: Scots Law
Expert:  JGM replied 4 months ago.

Has the developer B transferred ownership to the proprietors?

Customer: replied 4 months ago.
No he is still the land owner of all the open spaces and amenity areas. Are you giving me a glimmer of hope??? x
Expert:  JGM replied 4 months ago.

The Deed of Conditions registered by Developer B provides that the proprietors will pay for the maintenance of the ground. I can’t remember your title. Do you own a share of the common parts?

Customer: replied 4 months ago.
No we own nowt but our own houses - up to our own boundaries! Presumably he could not transfer ownership of the land because of the disposition. Plus in the original planning/council burdens it states ... that no later than completion of the development either the opens spaces will be taken over (with a capital payment if required) or a management agreement is approved by the council. I doubt the standard clause in our titles can be classed as a management arrangement.
Expert:  JGM replied 4 months ago.

So it is then possible for the developer to pass on a maintenance obligation even if the title prohibits a transfer of ownership.