Kerridge v. Gray and Others [1902] ScotLR 40_188 (10 December 1902)

Kerridge v. Gray and Others [1902] ScotLR 40_188 (10 December 1902)

The feu-charter did not require written consent of the superiors as a condition precedent for the proposed building deviation; the Dean of Guild Court erred in refusing the application on that ground, and the co-feuars had no title to enforce the restriction in the absence of written consent by the superiors.

Citation
[1902] ScotLR 40_188
Parties
Petitioner/appellant: Mrs Jane Kerridge; Respondents/objectors: Eliza Gray and Catherine Gray and others; Superiors: Thomas Moncrieff Williamson and others as trustees of the Bayswell Park Company
Jurisdiction
Scotland
Judgment Date
10 December 1902
Procedural Posture
Appeal (civil) / Appeal From Dean of Guild Court to Court of Session Inner House
Outcome
Appeal allowed; interlocutor of Dean of Guild Court recalled; case remitted; appellant awarded expenses in Court of Session.
Legal Topics
Feu Charter Conditions, Building Restrictions, Superior and Vassal Rights, Title to Enforce Restrictions, Evidence of Consent
Property Law Real Estate Feu Charter Conditions Building Restrictions Superior and Vassal Rights Title to Enforce Restrictions Evidence of Consent

Case Brief

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Parties

Mrs Jane Kerridge

Petitioner/appellant

Eliza Gray and Catherine Gray and others

Respondents/objectors

Thomas Moncrieff Williamson and others as trustees of the Bayswell Park Company

Superiors

Procedural Posture

Appeal (civil) / Appeal From Dean of Guild Court to Court of Session Inner House

Legal Issues

  1. 1 Whether written consent of the superiors is necessary for deviation from feu-charter building restrictions
  2. 2 Whether co-feuars have title to enforce building restrictions inter se in absence of written consent by superiors

Ratio Decidendi

The feu-charter did not require written consent of the superiors as a condition precedent for the proposed building deviation; the Dean of Guild Court erred in refusing the application on that ground, and the co-feuars had no title to enforce the restriction in the absence of written consent by the superiors.

Court Disposition

Appeal allowed; interlocutor of Dean of Guild Court recalled; case remitted; appellant awarded expenses in Court of Session.

Orders

  • Recall the interlocutor appealed against.
  • Repel the first and second pleas-in-law for the respondents.