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There have been a number of mis-representations by Greenbelt Group, incorrectly claiming victory in the test case.

Our request to the Land Tribunal was for a declarator to make judement on the following (extract from the court papers)

[1] This is an application for determination of a question as to the validity, applicability or enforceability of a title condition under sec 90(1)(a)(ii) of the Title Conditions (Scotland) Act 2003.

The judgement from The Lands Tribunal for Scotland issued on 3rd December ruled that the burdens in my deeds are NOT valid and are therefore unenforceable.   

Due to the fact that the burdens in my title deeds are the same as every other set of deeds on the estate, the Keeper of the Registers of Scotland has deemed that all burdens on the estate are invalid and unenforceable, which means that none of us has to pay Greenbelt Group and Greenbelt Group will not be involved in the sale of our homes.  

Greenbelt Group is well aware of this fact.

According to its own admission in recent letters to residents, Greenbelt Group has taken a lot of money up front to manage open spaces to a certain standard in this billing year.  If services are deliberately withdrawn and no refunds made, homeowners could attempt to recover these fees through the courts.  

As the judgement clearly shows, homeowners also have the legal right to withhold payment if they feel services have not been delivered at a reasonable cost or to an agreed standard. See sections 137 and 155 of the verdict

We know that our burdens are similar to many other estates in Scotland and believe that the particular scenario in them is likely to be found in many other communities.

As a result of the case, the burdens in my deeds have been extinguished.

The reason was because the benefited land property was not adequately identified in the constitutive deed.

The Land Tribunal has done what we asked and found our burdens invalid and therefore unenforceable.


 

 

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