Fraser (Fraser's Trustee) and Others v. The Caledonian Railway Co. [1910] ScotLR 76 (12 November 1910)

Fraser (Fraser's Trustee) and Others v. The Caledonian Railway Co. [1910] ScotLR 76 (12 November 1910)

The right to compensation for loss of superiority arises upon the execution and registration of the statutory conveyance (here, 1875), not at the date of possession or demand. However, interest on compensation is only payable from the date when the superior makes a formal demand (here, 25 February 1903). Any payment previously made and accepted under error in law (here, £500 in 1877) must be set off against the compensation due.

Citation
[1910] ScotLR 76
Parties
Pursuers (plaintiffs): Major Francis Fraser of Tornaveen (Fraser's Trustee) and Others; Defenders (defendants): The Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
12 November 1910
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal allowed in part; interlocutor of Lord Ordinary recalled and varied.
Legal Topics
Compensation for Loss of Superiority, Statutory Title Under Lands Clauses Consolidation (scotland) Act 1845, Interest on Compensation, Prescription of Claims, Redemption of Feudal Charges
Property Law Compulsory Purchase Feudal Law Railway Law Compensation for Loss of Superiority Statutory Title Under Lands Clauses Consolidation (scotland) Act 1845 Interest on Compensation Prescription of Claims +1 more

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Parties

Major Francis Fraser of Tornaveen (Fraser's Trustee) and Others

Pursuers (plaintiffs)

The Caledonian Railway Company

Defenders (defendants)

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 At what date does the right to compensation for loss of superiority arise when land is compulsorily acquired under the Lands Clauses Consolidation (Scotland) Act 1845?
  2. 2 Is the superior entitled to interest on compensation, and if so, from what date?
  3. 3 Does payment made under error in law operate as a set-off against compensation due?

Ratio Decidendi

The right to compensation for loss of superiority arises upon the execution and registration of the statutory conveyance (here, 1875), not at the date of possession or demand. However, interest on compensation is only payable from the date when the superior makes a formal demand (here, 25 February 1903). Any payment previously made and accepted under error in law (here, £500 in 1877) must be set off against the compensation due.

Court Disposition

Appeal allowed in part; interlocutor of Lord Ordinary recalled and varied.

Orders

  • Defenders to pay pursuers £385 (being £885 less £500 already paid), with interest at 5% per annum from 25 February 1903.
  • Defenders to pay pursuers £307 6s. 1d. for expenses of arbitration.