Snowie v. Museum Hall LLP [2010] ScotCS CSOH_107 (06 August 2010)

Snowie v. Museum Hall LLP [2010] ScotCS CSOH_107 (06 August 2010)

The restrictions in Rules 2.4.2 and 2.4.9, properly construed, do not prohibit letting or reasonable working from home, are not unduly onerous or unusual, and are standard in similar developments. Therefore, the purchasers are not entitled to resile from the missives or recover their deposits.

Citation
[2010] ScotCS CSOH_107
Parties
Pursuer: Malcolm Snowie; Defender: Museum Hall LLP
Jurisdiction
Scotland
Judgment Date
06 August 2010
Procedural Posture
Commercial Action (construction of Missives and Deed of Conditions) / Debate (preliminary Hearing on Relevancy)
Outcome
Actions by Snowies dismissed as irrelevant; decree granted in favour of Museum Hall in their counter-actions.
Legal Topics
Real Burdens, Community Burdens, Construction of Missives, Deed of Conditions, Onerous and Unusual Conditions, Right to Resile, Letting Restrictions
Property Law Contract Law Real Burdens Community Burdens Construction of Missives Deed of Conditions Onerous and Unusual Conditions Right to Resile +1 more

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Parties

Malcolm Snowie

Pursuer

Museum Hall LLP

Defender

Procedural Posture

Commercial Action (construction of Missives and Deed of Conditions) / Debate (preliminary Hearing on Relevancy)

Legal Issues

  1. 1 Whether Rules 2.4.2 and 2.4.9 of the Deed of Conditions are unduly onerous or unusual conditions within the meaning of clause 8 of the missives, entitling the purchasers to resile and recover their deposits.
  2. 2 Whether the restrictions prohibit letting of the apartments or working from home in a manner that is unduly onerous or unusual.

Ratio Decidendi

The restrictions in Rules 2.4.2 and 2.4.9, properly construed, do not prohibit letting or reasonable working from home, are not unduly onerous or unusual, and are standard in similar developments. Therefore, the purchasers are not entitled to resile from the missives or recover their deposits.

Court Disposition

Actions by Snowies dismissed as irrelevant; decree granted in favour of Museum Hall in their counter-actions.

Orders

  • Dismissal of Snowie actions for declarator and repayment of deposits.
  • Decree for implement of missives and payment of balance of purchase price in favour of Museum Hall.