Very interesting article from the Law society with Interesting comments at the end. Please feel free to add your own comments.
Our case was taken through a Scottish Land Court who essentially made judgement on the enforcability of our burdens within the Title Conditions of Scotland Act 2003. Although the court ruled within this act they were able to take into account common law ie. the monopoly.
Although we won the case there is still a way to go to get fairness with regards land maintenance on housing estates.
Our case has been a major turning point. It has been informative and highlighted a number of key legal arguments.
In the comming weeks we will be publishing valuable and valid legal points that came out of this case that can be used to protect people who feel they are not getting a fair deal