Heriot's Trust v. Caledonian Railway Co. [1914] ScotLR 478 (27 March 1914)

Heriot's Trust v. Caledonian Railway Co. [1914] ScotLR 478 (27 March 1914)

The defenders did not acquire a statutory title under section 80 of the 1845 Act because the conveyance was not registered within sixty days. Therefore, the feudal relationship persisted, and the pursuers, as superiors, were entitled to payment of the casualty (composition) as claimed. Even if the title was statutory, the obligation to pay feudal charges remained until redemption under section 107.

Citation
[1914] ScotLR 478
Parties
Pursuer: Governors of George Heriot's Trust; Defender: Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
27 March 1914
Procedural Posture
Petitory Action for Payment of Casualty (composition) / Inner House, First Division, Appeal From Lord Ordinary
Outcome
Pursuers entitled to payment of the casualty; Lord Ordinary's interlocutor affirmed.
Legal Topics
Feudal Superiority, Casualty of Composition, Statutory Title Under Lands Clauses Consolidation (scotland) Act 1845, Registration of Conveyances, Railway Company Land Acquisition
Property Law Feudal Law Statutory Interpretation Feudal Superiority Casualty of Composition Statutory Title Under Lands Clauses Consolidation (scotland) Act 1845 Registration of Conveyances Railway Company Land Acquisition

Case Brief

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Parties

Governors of George Heriot's Trust

Pursuer

Caledonian Railway Company

Defender

Procedural Posture

Petitory Action for Payment of Casualty (composition) / Inner House, First Division, Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether the defenders acquired a statutory title under section 80 of the Lands Clauses Consolidation (Scotland) Act 1845, extinguishing the pursuers' rights of superiority and liability for casualties.
  2. 2 Whether failure to register the conveyance within sixty days precluded the creation of a statutory title.
  3. 3 Whether the pursuers are entitled to payment of the casualty (composition) under the feudal relationship.

Ratio Decidendi

The defenders did not acquire a statutory title under section 80 of the 1845 Act because the conveyance was not registered within sixty days. Therefore, the feudal relationship persisted, and the pursuers, as superiors, were entitled to payment of the casualty (composition) as claimed. Even if the title was statutory, the obligation to pay feudal charges remained until redemption under section 107.

Court Disposition

Pursuers entitled to payment of the casualty; Lord Ordinary's interlocutor affirmed.

Orders

  • Repel defenders' pleas-in-law 1-4; sustain pursuers' plea; allow proof as to amount of composition; affirm Lord Ordinary's interlocutor.