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JGM
JGM, Solicitor
Category: UK Law
Satisfied Customers: 10651
Experience:  30 years as a practising solicitor.
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Stuart, we have a guest house in Scotland. In the title

Customer Question

Hi Stuart, we have a guest house in Scotland. In the title deeds there is a restriction on selling alcohol. How easy/difficult or possible even to remove? Thanks. Janice
Submitted: 1 year ago.
Category: UK Law
Expert:  JGM replied 1 year ago.

I am a solicitor in Scotland and will help you with this. My colleague Staurt is based in England where the law is different. A title condition in Scotland can now only be enforced by neighbouring proprietors who might be affected by the contravention of the condition. The feudal superior, who I presume placed the condition on the title, no longer has the power to enforce the condition. That generally means that if you get on with the neighbours and get their agreement, you could apply to the Lands Tribunal for the permanent removal of the title condition. If there is objection from neighbours, however, you may face a difficulty and removal would be unlikely unless you can establish why the condition should be removed and you may want to consider the factors detailed in section 100 of the Title Conditions (Scotland) Act 2003 which you can read online. So the answer to your question is that if there is no local objection, an application to remove the title condition could be quite straightforward. In the face of opposition it will be difficult, but no impossible. You may also want to read generally the website of the Lands Tribunal at www.lands-tribunal-Scotland.org.uk. Note that the procedures are more straightforward than those of the courts and all the forms you need are online. I hope this helps.

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