Morris v Rae (Scotland)

Morris v Rae (Scotland)

A grantee is entitled to a remedy under absolute warrandice if, at the time of yielding to a threat, the party making the threat would have been immediately able to secure title to the disputed property and no proceedings would have been required to establish that title. The threat need not be made by a party with a registered real right, but must be objectively capable of being made effective, and the grantee must have no realistic alternative but to accede to the threat.

Parties
Appellant: Michael Morris; Respondent: Mrs Rae
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Warrandice, Defective Title, Eviction, Indemnity, Scottish Conveyancing
Property Law Contract Law Warrandice Defective Title Eviction Indemnity Scottish Conveyancing

Case Brief

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Parties

Michael Morris

Appellant

Mrs Rae

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 What must a grantee establish to obtain a remedy under absolute warrandice when provided with a defective title?
  2. 2 Is a threat of eviction by a party without a registered or established title sufficient to engage a remedy in warrandice?

Ratio Decidendi

A grantee is entitled to a remedy under absolute warrandice if, at the time of yielding to a threat, the party making the threat would have been immediately able to secure title to the disputed property and no proceedings would have been required to establish that title. The threat need not be made by a party with a registered real right, but must be objectively capable of being made effective, and the grantee must have no realistic alternative but to accede to the threat.

Court Disposition

appeal allowed

Orders

  • Extra Division’s interlocutor recalled
  • Temporary judge’s interlocutor restored