Crampshee v. North Lanarkshire Council [2004] ScotCS CSOH_37 (20 February 2004)

Crampshee v. North Lanarkshire Council [2004] ScotCS CSOH_37 (20 February 2004)

Clauses eleventh and fourteenth of the Deed of Conditions are sufficiently precise to constitute valid and enforceable real burdens; the defenders' right to appoint themselves as factors does not create an unlawful monopoly or offend public policy; the obligation to pay for maintenance is a valid real burden transmitting with the land.

Citation
[2004] ScotCS CSOH_37
Parties
Pursuer: Norma Mahon Crampshee; Defenders: North Lanarkshire Council
Jurisdiction
Scotland
Judgment Date
20 February 2004
Procedural Posture
Civil / Interlocutory Judgment on Relevancy and Declarator
Outcome
Pursuer's first and second pleas-in-law repelled; defenders' fourth and fifth pleas-in-law sustained; defenders assoilzied from parts (first) and (second) of the first conclusion and from the second conclusion; proof allowed on remaining issues.
Legal Topics
Real Burdens, Title Conditions, Factoring Arrangements, Common Property, Maintenance Obligations
Property Law Feudal Law Real Burdens Title Conditions Factoring Arrangements Common Property Maintenance Obligations

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Parties

Norma Mahon Crampshee

Pursuer

North Lanarkshire Council

Defenders

Procedural Posture

Civil / Interlocutory Judgment on Relevancy and Declarator

Legal Issues

  1. 1 Whether clauses eleventh and fourteenth of the Deed of Conditions constitute enforceable real burdens against the pursuer
  2. 2 Whether the defenders' right to appoint themselves as factors is contrary to public policy or creates an unenforceable monopoly
  3. 3 Whether the obligation to pay for maintenance is sufficiently precise to be a real burden

Ratio Decidendi

Clauses eleventh and fourteenth of the Deed of Conditions are sufficiently precise to constitute valid and enforceable real burdens; the defenders' right to appoint themselves as factors does not create an unlawful monopoly or offend public policy; the obligation to pay for maintenance is a valid real burden transmitting with the land.

Court Disposition

Pursuer's first and second pleas-in-law repelled; defenders' fourth and fifth pleas-in-law sustained; defenders assoilzied from parts (first) and (second) of the first conclusion and from the second conclusion; proof allowed on remaining issues.

Orders

  • Repel pursuer's first and second pleas-in-law
  • Sustain defenders' fourth and fifth pleas-in-law