North British Railway Co. v. Stevenson [1901] ScotLR 39_215 (28 November 1901)

North British Railway Co. v. Stevenson [1901] ScotLR 39_215 (28 November 1901)

A railway company is not bound to acquire or compensate the tenant for the whole of the land acquired from the landlord, but only for the portion for which notice to treat is served and immediate possession is required. The statutory scheme does not compel the company to acquire rights with which it does not propose to interfere.

Citation
[1901] ScotLR 39_215
Parties
Reclaimer/respondent: North British Railway Company; Complainer/respondent: John Stevenson; Landlord/proprietor: Archibald Stirling of Keir
Jurisdiction
Scotland
Judgment Date
28 November 1901
Procedural Posture
Suspension and Interdict / Inner House, First Division, on Reclaiming Motion
Outcome
Interlocutor of Lord Ordinary recalled; suspension and interdict refused; expenses awarded to reclaimers.
Legal Topics
Compulsory Acquisition of Land, Tenant's Compensation Rights, Construction of Lands Clauses Consolidation (scotland) Act 1845, Notice to Treat, Apportionment of Rent
Property Law Compulsory Purchase Landlord and Tenant Law Railway Law Compulsory Acquisition of Land Tenant's Compensation Rights Construction of Lands Clauses Consolidation (scotland) Act 1845 Notice to Treat +1 more

Case Brief

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Parties

North British Railway Company

Reclaimer/respondent

John Stevenson

Complainer/respondent

Archibald Stirling of Keir

Landlord/proprietor

Procedural Posture

Suspension and Interdict / Inner House, First Division, on Reclaiming Motion

Legal Issues

  1. 1 Whether a railway company acquiring land from a landlord is obliged to acquire the tenant's interest in the whole of the land acquired from the landlord, or only in the portion for which notice to treat is served and immediate possession is required.

Ratio Decidendi

A railway company is not bound to acquire or compensate the tenant for the whole of the land acquired from the landlord, but only for the portion for which notice to treat is served and immediate possession is required. The statutory scheme does not compel the company to acquire rights with which it does not propose to interfere.

Court Disposition

Interlocutor of Lord Ordinary recalled; suspension and interdict refused; expenses awarded to reclaimers.

Orders

  • Recall of Lord Ordinary's interlocutor
  • Refusal to grant suspension and interdict