Edinburgh Magistrates v. Trustees of Church of St John The Evangelist [1914] ScotLR 173 (15 December 1914)

Edinburgh Magistrates v. Trustees of Church of St John The Evangelist [1914] ScotLR 173 (15 December 1914)

The Act of 1816 imposed restrictions only on the Magistrates, not on the land itself or successors in title. The feu-charters, particularly that of 1834, contained no express building restrictions. The trustees' title, being ex facie valid and fortified by prescription, cannot now be challenged on the basis of the Act or the charters. There is no legal basis to restrain the trustees from erecting the proposed vestry.

Citation
[1914] ScotLR 173
Parties
First Parties (superior): Lord Provost, Magistrates, and Council of the City of Edinburgh; Second Parties (vassal): Trustees of Church of St John the Evangelist, Edinburgh
Jurisdiction
Scotland
Judgment Date
15 December 1914
Procedural Posture
Special Case (court of Session, Inner House, Extra Division) / Judgment on Questions of Law
Outcome
First question answered in the negative; unnecessary to answer the second question.
Legal Topics
Building Restrictions, Prescription, Feu Charter, Ultra Vires, Statutory Restrictions, Alienation of Land
Property Law Feudal Law Statutory Interpretation Building Restrictions Prescription Feu Charter Ultra Vires Statutory Restrictions +1 more

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Parties

Lord Provost, Magistrates, and Council of the City of Edinburgh

First Parties (superior)

Trustees of Church of St John the Evangelist, Edinburgh

Second Parties (vassal)

Procedural Posture

Special Case (court of Session, Inner House, Extra Division) / Judgment on Questions of Law

Legal Issues

  1. 1 Whether the erection of the proposed vestry building contravenes the Act of 1816 or any feu-charter affecting the ground held by the trustees.
  2. 2 Whether the first parties are barred by acquiescence or their own actions from enforcing any such restriction.

Ratio Decidendi

The Act of 1816 imposed restrictions only on the Magistrates, not on the land itself or successors in title. The feu-charters, particularly that of 1834, contained no express building restrictions. The trustees' title, being ex facie valid and fortified by prescription, cannot now be challenged on the basis of the Act or the charters. There is no legal basis to restrain the trustees from erecting the proposed vestry.

Court Disposition

First question answered in the negative; unnecessary to answer the second question.

Orders

  • Trustees are not restrained from erecting the proposed vestry building.
  • No order on the second question.