Anderson v. Dickie [1914] ScotLR 614 (26 May 1914)

Anderson v. Dickie [1914] ScotLR 614 (26 May 1914)

The clause in the disposition did not constitute a real burden or servitude enforceable against singular successors; it imposed only a personal prohibition on the disponee and his heirs, and was not sufficiently specific to be enforced as a real burden.

Citation
[1914] ScotLR 614
Parties
Pursuer: Robert Anderson; Defender: Matthew Dickie
Jurisdiction
Scotland
Judgment Date
26 May 1914
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
defender assoilzied (absolvitor); interlocutor adhered
Legal Topics
Real Burden, Servitude, Building Restriction, Constitution of Burdens, Land Conveyancing
Property Law Real Burden Servitude Building Restriction Constitution of Burdens Land Conveyancing

Case Brief

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Parties

Robert Anderson

Pursuer

Matthew Dickie

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether a clause in a disposition imposed a real burden or servitude enforceable against singular successors
  2. 2 Whether the restriction was sufficiently specific to be enforced as a real burden
  3. 3 Whether parole evidence could be used to identify the area affected by the restriction

Ratio Decidendi

The clause in the disposition did not constitute a real burden or servitude enforceable against singular successors; it imposed only a personal prohibition on the disponee and his heirs, and was not sufficiently specific to be enforced as a real burden.

Court Disposition

defender assoilzied (absolvitor); interlocutor adhered

Orders

  • Court adhered to the Lord Ordinary's interlocutor; defender absolved from conclusions of the summons