Mathieson v. Allan's Trustees and Another [1914] ScotLR 458 (17 March 1914)

Mathieson v. Allan's Trustees and Another [1914] ScotLR 458 (17 March 1914)

On a sound construction of the titles, the restriction is in regard to structure and not to use; so long as the house remains structurally a dwelling-house, no valid restriction is imposed by the titles in regard to its use.

Citation
[1914] ScotLR 458
Parties
Pursuer: T. O. Mathieson; Defenders: R. S. Allan's Trustees and others (Mrs Allan's trustees); Defender: Lord Advocate (representing the Postmaster-General)
Jurisdiction
Scotland
Judgment Date
17 March 1914
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House
Outcome
Appeal dismissed; interlocutor of Lord Ordinary affirmed; action dismissed.
Legal Topics
Real Burdens, Building Restrictions, Interpretation of Title Conditions, Use Versus Structure Restrictions
Property Law Real Burdens Building Restrictions Interpretation of Title Conditions Use Versus Structure Restrictions

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Parties

T. O. Mathieson

Pursuer

R. S. Allan's Trustees and others (Mrs Allan's trustees)

Defenders

Lord Advocate (representing the Postmaster-General)

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House

Legal Issues

  1. 1 Whether title restrictions on 'dwelling-houses' prohibit use as post office business premises
  2. 2 Whether the restriction applies to structure only or also to use/occupation

Ratio Decidendi

On a sound construction of the titles, the restriction is in regard to structure and not to use; so long as the house remains structurally a dwelling-house, no valid restriction is imposed by the titles in regard to its use.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary affirmed; action dismissed.

Orders

  • Action dismissed
  • Interlocutor of Lord Ordinary affirmed