Stephen v. Brown's Trustees [1921] ScotLR 112 (10 December 1921)

Stephen v. Brown's Trustees [1921] ScotLR 112 (10 December 1921)

Accretion validates the grant of servitude, including negative servitude, where the granter subsequently acquires title to the servient property; the subsequent acquisition is legally deemed to have occurred prior to the original grant, making the servitude effective against singular successors.

Citation
[1921] ScotLR 112
Parties
Petitioner: Alexander Stephen; Respondents/appellants: Isabella Morrison Geddes or Brown and Roderick Geddes Brown, Brown's Trustees
Jurisdiction
Scotland
Judgment Date
10 December 1921
Procedural Posture
Appeal / Inner House, Second Division, Court of Session
Outcome
Appeal allowed
Legal Topics
Servitude, Accretion, Negative Servitude, Grant a Non Domino
Property Law Servitude Accretion Negative Servitude Grant a Non Domino

Case Brief

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Parties

Alexander Stephen

Petitioner

Isabella Morrison Geddes or Brown and Roderick Geddes Brown, Brown's Trustees

Respondents/appellants

Procedural Posture

Appeal / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Does accretion validate a grant of negative servitude over property not owned by the granter at the time but subsequently acquired?
  2. 2 Is a grant of servitude by a non-proprietor valid against singular successors after subsequent acquisition?

Ratio Decidendi

Accretion validates the grant of servitude, including negative servitude, where the granter subsequently acquires title to the servient property; the subsequent acquisition is legally deemed to have occurred prior to the original grant, making the servitude effective against singular successors.

Court Disposition

Appeal allowed

Orders

  • Judgment appealed against recalled
  • Case remitted to Dean of Guild to proceed as accords