Framework for land obligations : what can be learnt from the Scots Law of real burdens?

Xu, Lu (2011) Framework for land obligations : what can be learnt from the Scots Law of real burdens? In: Modern studies in property law :. Hart Publishing, pp. 211-229. ISBN 9781849461856

Abstract

The Law Commission’s Consultation Paper (No 186, 2008) on Easements, Covenants and Profìts à Prendre has reinvigorated the quest for introducing a new type of interest into English land law, namely Land Obligations. It brings a new hope that English law will finally be able to facilitate the imposition of positive obligations on land ownership, after more than forty years of unequivocal statements to such effect from parliamentary commissions, senior judges, practitioners and academics. Better late than never. Interestingly, such procrastination might have bestowed advantages upon the current reform, such as, inter alia, a better system of land registration and the possibility to leave out issues already dealt with by the new commonhold structure. Amongst the advantages, it is submitted, is the unique opportunity to learn from the Scottish law of real burdens and its recent reform. This is probably the least expected implication from a delay in the reform of English law, given the fundamental differences between the two jurisdictions on property law principles and traditions.