Earl of Home v. Lord Belhaven [1900] ScotLR 37_990 (19 July 1900)

Earl of Home v. Lord Belhaven [1900] ScotLR 37_990 (19 July 1900)

The superior is entitled to composition based on the actual lordships received by the vassal for the year of entry, or at the pursuer's option, the fixed rent for that year, subject to deduction of landlord's rates or taxes. Capitalisation of future mineral value and taking a percentage is not the statutory or...

Source-derived case information.

Citation
[1900] ScotLR 37_990
Parties
Pursuer: Earl of Home; Defender: Lord Belhaven (Alexander Charles Hamilton, Lord Belhaven and Stenton)
Jurisdiction
Scotland
Judgment Date
19 July 1900
Procedural Posture
Action of Declarator and for Payment of a Casualty / Inner House, First Division, Court of Session (appeal/reclaiming Note)
Outcome
Lord Ordinary's judgment recalled; pursuer entitled to composition based on actual lordships or fixed rent for year of entry, subject to deduction of landlord's rates/taxes.
Legal Topics
Superior and Vassal, Composition on Entry, Calculation of Composition for Minerals, Wayleave Deductions, Statutory Interpretation (act 1469 C.36)
Property Law Feudal Law Mineral Rights Land Law Superior and Vassal Composition on Entry Calculation of Composition for Minerals Wayleave Deductions +1 more

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Parties

Earl of Home

Pursuer

Lord Belhaven (Alexander Charles Hamilton, Lord Belhaven and Stenton)

Defender

Procedural Posture

Action of Declarator and for Payment of a Casualty / Inner House, First Division, Court of Session (appeal/reclaiming Note)

Legal Issues

  1. 1 Whether mineral rents/lordships are to be included in calculating composition due to a superior on entry of a vassal
  2. 2 What is the correct method for calculating the composition due in respect of minerals—actual receipts, average, or capitalisation

Ratio Decidendi

The superior is entitled to composition based on the actual lordships received by the vassal for the year of entry, or at the pursuer's option, the fixed rent for that year, subject to deduction of landlord's rates or taxes. Capitalisation of future mineral value and taking a percentage is not the statutory or equitable measure. Mineral rents/lordships are to be included as rents under Act 1469 c.36.

Court Disposition

Lord Ordinary's judgment recalled; pursuer entitled to composition based on actual lordships or fixed rent for year of entry, subject to deduction of landlord's rates/taxes.

Orders

  • Recall of Lord Ordinary's interlocutor
  • Find pursuer entitled to composition in respect of minerals based on actual lordships received for year of entry or fixed rent, at pursuer's option, subject to deduction of landlord's rates/taxes