Book contents
- Frontmatter
- Contents
- Preface
- List of Contributors
- List of Abbreviations
- Table of Cases
- 1 Praedial Servitudes
- 2 Title Conditions in Restraint of Trade
- 3 Servitudes: Extinction by Non-Use
- 4 Inheritance and the Surviving Spouse
- 5 Ownership of Trust Property in Scotland and Louisiana
- 6 The Legal Regulation of Adult Domestic Relationships
- 7 Impediments to Marriage in Scotland and Louisiana: An Historical-Comparative Investigation
- 8 Contracts of Intellectual Gratification – A Louisiana-Scotland Creation
- 9 The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law
- 10 Hunting Promissory Estoppel
- 11 Unjustified Enrichment, Subsidiarity and Contract
- 12 Causation as an Element of Delict/Tort in Scots and Louisiana Law
- 13 Personality Rights: A Study in Difference
- Index
2 - Title Conditions in Restraint of Trade
Published online by Cambridge University Press: 12 September 2012
- Frontmatter
- Contents
- Preface
- List of Contributors
- List of Abbreviations
- Table of Cases
- 1 Praedial Servitudes
- 2 Title Conditions in Restraint of Trade
- 3 Servitudes: Extinction by Non-Use
- 4 Inheritance and the Surviving Spouse
- 5 Ownership of Trust Property in Scotland and Louisiana
- 6 The Legal Regulation of Adult Domestic Relationships
- 7 Impediments to Marriage in Scotland and Louisiana: An Historical-Comparative Investigation
- 8 Contracts of Intellectual Gratification – A Louisiana-Scotland Creation
- 9 The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law
- 10 Hunting Promissory Estoppel
- 11 Unjustified Enrichment, Subsidiarity and Contract
- 12 Causation as an Element of Delict/Tort in Scots and Louisiana Law
- 13 Personality Rights: A Study in Difference
- Index
Summary
INTRODUCTION
Title conditions in legal instruments conveying interests in land can do many things in Scotland and Louisiana. They can allow a benefited property owner to gain access to or do something on a burdened property. They can impose restrictions on the size, location and nature of improvements that may be constructed on a burdened property. They can restrict burdened property from being used for certain specific activities – a commercial or industrial enterprise for instance – when the restriction is designed to protect some obvious “amenity” interest linked to the benefited owner's actual enjoyment of his property. They can even, in certain circumstances, impose affirmative obligations on the owner of the burdened property – to build a house of a certain size or quality, or to pay annual fees to support the maintenance of common areas or facilities.
Almost any title condition, of course, can be said to have some commercial component, at least to the extent that a dismemberment of ownership, a restriction on use, or an advantage given to another person inevitably diminishes the market value of the burdened property. But this chapter is concerned with a narrower and often more problematic category of title conditions – those nakedly aimed to benefit the business interests of the person who at the moment happens to own the benefited property.
- Type
- Chapter
- Information
- Mixed Jurisdictions ComparedPrivate Law in Louisiana and Scotland, pp. 30 - 66Publisher: Edinburgh University PressPrint publication year: 2009