Baroness Miranda Van Lynden v Gilchrist [2015] ScotCS CSOH_147 (05 November 2015)

Baroness Miranda Van Lynden v Gilchrist [2015] ScotCS CSOH_147 (05 November 2015)

The defender has a right of severance of chalet no. 25 Ballimore Estate by virtue of the sub-lease, which was intended by the original parties to allow removal of the chalet at lease end. This right is inter naturalia of the sub-lease and transmits to the defender as assignee. The pursuer, as successor with knowledge of the lease terms, is bound by this right and cannot prevent removal of the chalet.

Citation
[2015] ScotCS CSOH_147
Parties
Pursuer: Baroness Miranda Van Lynden; Defender: Colin Gilchrist
Jurisdiction
Scotland
Judgment Date
05 November 2015
Procedural Posture
Civil / Judgment After Proof (submissions Only, No Evidence Led)
Outcome
Action dismissed; defender's pleas-in-law sustained; pursuer's pleas-in-law repelled.
Legal Topics
Accession, Right of Severance, Fixtures, Lease Interpretation, Heritable Property
Property Law Landlord and Tenant Accession Right of Severance Fixtures Lease Interpretation Heritable Property

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Parties

Baroness Miranda Van Lynden

Pursuer

Colin Gilchrist

Defender

Procedural Posture

Civil / Judgment After Proof (submissions Only, No Evidence Led)

Legal Issues

  1. 1 Whether the defender has a right of severance to remove chalet no. 25 from Ballimore Estate after termination of the lease.
  2. 2 Whether the right of severance transmits to the defender as assignee of the original sub-tenant.

Ratio Decidendi

The defender has a right of severance of chalet no. 25 Ballimore Estate by virtue of the sub-lease, which was intended by the original parties to allow removal of the chalet at lease end. This right is inter naturalia of the sub-lease and transmits to the defender as assignee. The pursuer, as successor with knowledge of the lease terms, is bound by this right and cannot prevent removal of the chalet.

Court Disposition

Action dismissed; defender's pleas-in-law sustained; pursuer's pleas-in-law repelled.

Orders

  • Sustain defender's pleas-in-law nos. 2, 6 and 7.
  • Repel pursuer's pleas-in-law in their entirety.