Patrick v. Harris's Trustees [1904] ScotLR 41_820 (12 July 1904)

Patrick v. Harris's Trustees [1904] ScotLR 41_820 (12 July 1904)

There is no implied obligation on a landlord in a lease of shootings to maintain plantation fences in a state to exclude livestock; such an obligation must be expressly stipulated in the lease.

Citation
[1904] ScotLR 41_820
Parties
Pursuer: John Fullerton Patrick; Defenders: Colonel Thomas Marshall Harris and Alexander Mackenzie, Trustees of the deceased Colonel Henry William Harris of The Cairnies
Jurisdiction
Scotland
Judgment Date
12 July 1904
Procedural Posture
Civil (lease Dispute) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Action dismissed; interlocutor of Lord Ordinary recalled; defenders assoilzied (absolved).
Legal Topics
Implied Obligations in Leases, Sporting Rights, Maintenance of Fences, Derogation From Grant
Property Law Landlord and Tenant Law Implied Obligations in Leases Sporting Rights Maintenance of Fences Derogation From Grant

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Parties

John Fullerton Patrick

Pursuer

Colonel Thomas Marshall Harris and Alexander Mackenzie, Trustees of the deceased Colonel Henry William Harris of The Cairnies

Defenders

Procedural Posture

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

Legal Issues

  1. 1 Whether a lease of shootings implies an obligation on the landlord to maintain plantation fences to exclude livestock
  2. 2 Whether failure to maintain such fences constitutes a breach of contract

Ratio Decidendi

There is no implied obligation on a landlord in a lease of shootings to maintain plantation fences in a state to exclude livestock; such an obligation must be expressly stipulated in the lease.

Court Disposition

Action dismissed; interlocutor of Lord Ordinary recalled; defenders assoilzied (absolved).

Orders

  • Interlocutor of Lord Ordinary allowing proof recalled.
  • Pursuer's averments found irrelevant and insufficient.