Boskabelle Ltd v Laird [2006] ScotCS CSOH_173 (09 November 2006)

Boskabelle Ltd v Laird [2006] ScotCS CSOH_173 (09 November 2006)

Industrial growing crops are not pars soli but are moveable property; sale of land does not convey ownership of such crops unless expressly agreed. The defender retained ownership and right to reap the crops after sale.

Citation
[2006] ScotCS CSOH_173
Parties
Pursuer: Boskabelle Limited; Defender: Donald Black Laird
Jurisdiction
Scotland
Judgment Date
09 November 2006
Procedural Posture
Civil / Procedure Roll on Relevancy and Specification
Outcome
Action dismissed
Legal Topics
Accession, Ownership of Industrial Growing Crops, Sale of Land With Crops, Vacant Possession
Property Law Agricultural Law Accession Ownership of Industrial Growing Crops Sale of Land With Crops Vacant Possession

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Parties

Boskabelle Limited

Pursuer

Donald Black Laird

Defender

Procedural Posture

Civil / Procedure Roll on Relevancy and Specification

Legal Issues

  1. 1 Whether industrial growing crops are heritable (pars soli) or moveable property under Scots law
  2. 2 Whether the sale of land conveys ownership of growing crops to the purchaser
  3. 3 Effect of vacant possession on rights to growing crops

Ratio Decidendi

Industrial growing crops are not pars soli but are moveable property; sale of land does not convey ownership of such crops unless expressly agreed. The defender retained ownership and right to reap the crops after sale.

Court Disposition

Action dismissed

Orders

  • Defender's first plea in law upheld
  • Action dismissed