Porter v. Campbell's Trustees and Others [1922] ScotLR 153 (08 December 1922)

Porter v. Campbell's Trustees and Others [1922] ScotLR 153 (08 December 1922)

The proposed internal alterations, which do not affect the structure or elevation of the building, do not contravene the restriction in the feu-contract requiring a self-contained lodging, as established by binding precedent in Buchanan v. Marr and Miller v. Carmichael.

Parties
Respondent: Arthur Porter; Appellants: Robert V. D. Campbell and others; Appellants: James William Anderson and others
Jurisdiction
Scotland
Judgment Date
08 December 1922
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Building Restriction, Feu Contract, Real Burdens, Self Contained Lodging, Conversion of Occupancy
Property Law Building Restriction Feu Contract Real Burdens Self Contained Lodging Conversion of Occupancy

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Parties

Arthur Porter

Respondent

Robert V. D. Campbell and others

Appellants

James William Anderson and others

Appellants

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether proposed internal alterations converting a single self-contained lodging into four separate lodgings contravene building restrictions in the feu-contract

Ratio Decidendi

The proposed internal alterations, which do not affect the structure or elevation of the building, do not contravene the restriction in the feu-contract requiring a self-contained lodging, as established by binding precedent in Buchanan v. Marr and Miller v. Carmichael.

Court Disposition

appeal dismissed

Orders

  • Affirm the interlocutor of the Dean of Guild dated 9th October 1922.
  • Remit the cause back to the Dean of Guild to proceed as accords.