BAM TCP ATLANTIC SQUARE LTD AGAINST (FIRST) BRITISH TELECOMMUNICATIONS PLC AND OTHERS (Rev 1) [2020] ScotCS CSOH_57 (29 May 2020)

BAM TCP ATLANTIC SQUARE LTD AGAINST (FIRST) BRITISH TELECOMMUNICATIONS PLC AND OTHERS (Rev 1) [2020] ScotCS CSOH_57 (29 May 2020)

The Deed of Conditions, properly construed, intended to constitute the Ramp as common property owned pro indiviso by the Phase I and Phase II proprietors. The BT Disposition, by incorporating the Deed of Conditions and its plans, was sufficient to convey a pro indiviso share in the Common Parts (including the Ramp) to BT. The subsequent registration of the pursuer's title did not negate BT's rights, and the pursuer's Land Certificate is inaccurate to the extent it shows exclusive ownership of the Ramp. The pursuer is not a proprietor in possession of the Ramp, and the register is liable to rectification.

Citation
[2020] ScotCS CSOH_57
Parties
Pursuer: BAM TCP Atlantic Square Limited; First Defender: British Telecommunications Plc; Second Defender: Firleigh Limited; Third Defender: Legal & General Pensions Limited; Fourth Defender: The Keeper of the Registers of Scotland
Jurisdiction
Scotland
Judgment Date
29 May 2020
Procedural Posture
Commercial Action / Opinion Following Debate on Relevancy and Legal Interpretation
Outcome
Action dismissed; decree of absolvitor for the defenders.
Legal Topics
Common Property, Servitude Rights, Land Registration, Prescription, Rectification of Land Register
Property Law Land Registration Common Property Servitude Rights Prescription Rectification of Land Register

Case Brief

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Parties

BAM TCP Atlantic Square Limited

Pursuer

British Telecommunications Plc

First Defender

Firleigh Limited

Second Defender

Legal & General Pensions Limited

Third Defender

The Keeper of the Registers of Scotland

Fourth Defender

Procedural Posture

Commercial Action / Opinion Following Debate on Relevancy and Legal Interpretation

Legal Issues

  1. 1 Whether the Ramp is common property or solely owned by the pursuer
  2. 2 Proper construction of the Deed of Conditions
  3. 3 Effect of the BT Disposition and Land Certificate

Ratio Decidendi

The Deed of Conditions, properly construed, intended to constitute the Ramp as common property owned pro indiviso by the Phase I and Phase II proprietors. The BT Disposition, by incorporating the Deed of Conditions and its plans, was sufficient to convey a pro indiviso share in the Common Parts (including the Ramp) to BT. The subsequent registration of the pursuer's title did not negate BT's rights, and the pursuer's Land Certificate is inaccurate to the extent it shows exclusive ownership of the Ramp. The pursuer is not a proprietor in possession of the Ramp, and the register is liable to rectification.

Court Disposition

Action dismissed; decree of absolvitor for the defenders.

Orders

  • Decree of absolvitor granted in favour of the compearing defenders.
  • Pursuer's claim for declarator of exclusive ownership of the Ramp refused.