LAW & Ors (trustees of the JAL FISH LIMITED), AGAINST ROBERTSON CONSTRUCTION EASTERN LIMITED [2018] ScotCS CSIH_24 (04 April 2018)

LAW & Ors (trustees of the JAL FISH LIMITED), AGAINST ROBERTSON CONSTRUCTION EASTERN LIMITED [2018] ScotCS CSIH_24 (04 April 2018)

The obligation to enter into the overage agreement, while part of the overall transaction for the sale of land, does not have land as its main object and does not create or transfer rights or interests in land. It is a personal, collateral obligation to pay money in certain circumstances and is not exempt from short negative prescription under the Prescription and Limitation (Scotland) Act 1973, Schedule 1, para 2(e).

Citation
[2018] ScotCS CSIH_24
Parties
Pursuers and Reclaimers: John Allan Law and Gillian Margaret Law and Legal & General Assurance Society Limited as trustees of the JAL Fish Limited Small Self-Administered Pension Scheme; Pursuer and Reclaimer: J A L Fish Limited; Pursuer and Reclaimer: Gillian Margaret Law; Defender and Respondent: Robertson Construction Eastern Limited
Jurisdiction
Scotland
Judgment Date
04 April 2018
Procedural Posture
Reclaiming Motion (appeal) / Decision on Appeal From Lord Ordinary
Outcome
reclaiming motion refused
Legal Topics
Obligations Relating to Land, Prescription and Limitation (scotland) Act 1973, Overage Agreements, Missives of Sale, Core Obligations in Land Transactions
Property Law Contract Law Prescription Law Obligations Relating to Land Prescription and Limitation (scotland) Act 1973 Overage Agreements Missives of Sale Core Obligations in Land Transactions

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Parties

John Allan Law and Gillian Margaret Law and Legal & General Assurance Society Limited as trustees of the JAL Fish Limited Small Self-Administered Pension Scheme

Pursuers and Reclaimers

J A L Fish Limited

Pursuer and Reclaimer

Gillian Margaret Law

Pursuer and Reclaimer

Robertson Construction Eastern Limited

Defender and Respondent

Procedural Posture

Reclaiming Motion (appeal) / Decision on Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether the obligation to enter into an overage agreement in missives for the sale of land is an 'obligation relating to land' under the Prescription and Limitation (Scotland) Act 1973, Schedule 1, para 2(e) and thus exempt from short negative prescription.

Ratio Decidendi

The obligation to enter into the overage agreement, while part of the overall transaction for the sale of land, does not have land as its main object and does not create or transfer rights or interests in land. It is a personal, collateral obligation to pay money in certain circumstances and is not exempt from short negative prescription under the Prescription and Limitation (Scotland) Act 1973, Schedule 1, para 2(e).

Court Disposition

reclaiming motion refused

Orders

  • The Lord Ordinary's decision is affirmed.