Hill of Rubislaw (Q Seven) Ltd v Rubislaw Quarry Aberdeen Ltd &c [2014] ScotCS CSIH_105 (28 November 2014)

Hill of Rubislaw (Q Seven) Ltd v Rubislaw Quarry Aberdeen Ltd &c [2014] ScotCS CSIH_105 (28 November 2014)

Clause 2.1 of the minute of agreement is a valid and enforceable real burden under the Title Conditions (Scotland) Act 2003 because it benefits the neighbouring office properties by protecting their rental and capital values, satisfies the praedial rule, is not an unreasonable restraint of trade, and, properly construed, restricts the construction (not merely letting) of office space on the Northern Quarry Subjects.

Citation
[2014] ScotCS CSIH_105
Parties
Pursuers and Reclaimers: Hill of Rubislaw (Q Seven) Limited; Defenders and Respondents: Rubislaw Quarry Aberdeen Limited & others
Jurisdiction
Scotland
Judgment Date
28 November 2014
Procedural Posture
Commercial Property Dispute / Appeal (reclaiming Motion) From Decision of Lord Ordinary
Outcome
Reclaiming motion refused; interlocutor of Lord Ordinary adhered to.
Legal Topics
Real Burdens, Title Conditions (scotland) Act 2003, Restraint of Trade, Interpretation of Commercial Contracts
Property Law Commercial Law Real Burdens Title Conditions (scotland) Act 2003 Restraint of Trade Interpretation of Commercial Contracts

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hill of Rubislaw (Q Seven) Limited

Pursuers and Reclaimers

Rubislaw Quarry Aberdeen Limited & others

Defenders and Respondents

Procedural Posture

Commercial Property Dispute / Appeal (reclaiming Motion) From Decision of Lord Ordinary

Legal Issues

  1. 1 Whether clause 2.1 of the minute of agreement constitutes a valid and enforceable real burden under the Title Conditions (Scotland) Act 2003
  2. 2 Whether clause 2.1 is void as an unreasonable restraint of trade
  3. 3 Proper construction of clause 2.1: does it restrict only letting or also construction of office space

Ratio Decidendi

Clause 2.1 of the minute of agreement is a valid and enforceable real burden under the Title Conditions (Scotland) Act 2003 because it benefits the neighbouring office properties by protecting their rental and capital values, satisfies the praedial rule, is not an unreasonable restraint of trade, and, properly construed, restricts the construction (not merely letting) of office space on the Northern Quarry Subjects.

Court Disposition

Reclaiming motion refused; interlocutor of Lord Ordinary adhered to.

Orders

  • Declarator that clause 2.1 is not a real burden refused.
  • Declarator that clause 2.1 restricts only letting and not construction refused.