Crampshee v. North Lanarkshire Council [2004] ScotScotCS 37 (20 February 2004)

Crampshee v. North Lanarkshire Council [2004] ScotScotCS 37 (20 February 2004)

Clauses eleventh and fourteenth of the Deed of Conditions create valid and enforceable real burdens; the defenders' right to appoint themselves as factors is not contrary to public policy or too vague; the obligation to pay for maintenance is sufficiently precise and transmits with the land.

Citation
[2004] ScotScotCS 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 matters.
Legal Topics
Real Burdens, Title Conditions, Common Property, Factoring Services, Public Policy in Property Law
Property Law Feudal Law Real Burdens Title Conditions Common Property Factoring Services Public Policy in Property Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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
  2. 2 Whether the defenders' right to appoint themselves as factors is contrary to public policy
  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 create valid and enforceable real burdens; the defenders' right to appoint themselves as factors is not contrary to public policy or too vague; the obligation to pay for maintenance is sufficiently precise and transmits 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 matters.

Orders

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