Banffshire - Land Tribunal Notice

Upper Hillside Farm, Carnie, Keith, Banffshire, AB55 5QA
Ref: LTS/TC/2025/0024

LANDS TRIBUNAL FOR SCOTLAND

Notice is hereby given that an application in terms of Section 90(1)(a) of the Title Conditions (Scotland) Act 2003 has been received from Russel Allan and Caroline Scott , both Upper Hillside Farm, Carnie, Keith, Banffshire, AB55 5QA . The applicants are applying for the variation of a title condition (restrictive burden) contained at Burden 1 (Second) of a Disposition by Lachlan Alexander Gordon-Duff and another to Henry James Paget and another and their respective executors and assignees, registered 15 October 2007. The said title condition restricts the use of the farmhouse and land, which the applicants seek to vary to allow the construction of additional properties that may be used as holiday lets.

A copy of the full application can be provided by email from the Tribunal on request. Anyone who considers that they are not concerned or affected by the application need do nothing in response to this Notice. Should anyone wish to lodge opposition, they should request a full copy of the application by email to prepare representations.

Representations should be sent to the Lands Tribunal via email, by no later than 28 July 2026 setting out a concise statement of the facts and contentions on which they intend to rely. A copy should also be sent to the applicants.

A statutory fee of £25 must accompany any such representation, which can be paid via cheque or BACS transfer (payment details available on request). Attention is drawn to the provisions of the Act with regard to entitlement to the benefit of title conditions and to make representations as regards applications to the Lands Tribunal (Sections 95 and 8). If the application is opposed, the Tribunal will determine if further procedure is required, which may involve a hearing. Otherwise, the application may be granted without further inquiry.

In addition to a decision on the application, The Act requires the Tribunal to take account of how successful a party was and may have to decide who will be liable for the expenses of the proceedings. Should your case be presented unsuccessfully, there may be an award of expenses against you in favour of the applicant.

Anyone considering opposing this application may be well advised to seek
appropriate legal advice.

Parliament House
11 Parliament Square
Edinburgh EH1 1RQ
0131 240 6853
LTS_Mailbox@scotcourtstribunals.gov.uk
www.lands-tribunal-scotland.org.uk