Addison v. Brown [1907] ScotLR 269 (20 December 1907)
The tenant is entitled, by implication from the lease and the nature of the farm, to use all existing roads through the leased land unless expressly excluded, as such use is reasonably and obviously intended for the enjoyment and operation of the farm.
- Citation
- [1907] ScotLR 269
- Parties
- Pursuer/respondent: Abram Addison; Defender/reclaimer: Robert Ainslie Brown
- Jurisdiction
- Scotland
- Judgment Date
- 20 December 1907
- Procedural Posture
- Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
- Outcome
- appeal dismissed; judgment of Lord Ordinary affirmed
- Legal Topics
- Agricultural Lease, Implied Grant of Access, Rights of Way, Construction of Lease
Case Brief
Summary, issues, holding and outcome
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Parties
Abram Addison
Pursuer/respondent
Robert Ainslie Brown
Defender/reclaimer
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Legal Issues
- 1 Whether the tenant is entitled to use a farm road not expressly included in the lease
- 2 Whether such entitlement arises by implied grant or only as a way of necessity
Ratio Decidendi
The tenant is entitled, by implication from the lease and the nature of the farm, to use all existing roads through the leased land unless expressly excluded, as such use is reasonably and obviously intended for the enjoyment and operation of the farm.
Court Disposition
appeal dismissed; judgment of Lord Ordinary affirmed
Orders
- Declarator that Addison is entitled to use the disputed road for all reasonable purposes connected with the farm
- Interdict against Brown interfering with Addison's right to use the road
Full Case Text
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