Campbell and Others v. Bainbridge [1911] ScotLR 61 (09 November 1911)

Campbell and Others v. Bainbridge [1911] ScotLR 61 (09 November 1911)

The restriction in the disposition does not prohibit the erection of tenements; 'dwelling-houses' includes tenements, and the presumption is in favour of freedom unless a clear prohibition is expressed.

Citation
[1911] ScotLR 61
Parties
Petitioner/respondent: George Bainbridge; Objectors/appellants: John Campbell and others
Jurisdiction
Scotland
Judgment Date
09 November 1911
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed; interlocutor affirmed
Legal Topics
Building Restrictions, Interpretation of Restrictive Covenants, Superior and Vassal
Property Law Building Restrictions Interpretation of Restrictive Covenants Superior and Vassal

Case Brief

Summary, issues, holding and outcome

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Parties

George Bainbridge

Petitioner/respondent

John Campbell and others

Objectors/appellants

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the restrictive covenant prohibiting erection of buildings other than 'villas or dwelling-houses' excludes tenements
  2. 2 Whether objectors have jus quæsitum to enforce the restriction

Ratio Decidendi

The restriction in the disposition does not prohibit the erection of tenements; 'dwelling-houses' includes tenements, and the presumption is in favour of freedom unless a clear prohibition is expressed.

Court Disposition

appeal dismissed; interlocutor affirmed

Orders

  • Dean of Guild's judgment affirmed
  • Objections repelled