Dunbar v. Gill [1908] ScotLR 870 (04 July 1908)

Dunbar v. Gill [1908] ScotLR 870 (04 July 1908)

Section 6 of the Registration of Leases (Scotland) Act 1857 provides a specific procedure for an assignee in security of a long lease to enter into possession and uplift rents; this statutory remedy excludes the common law action of maills and duties. The pursuer, not having followed the statutory procedure, is not entitled to the remedy sought.

Citation
[1908] ScotLR 870
Parties
Pursuer (respondent): Miss Alexandrina Dunbar; Defender (reclaimer): Mrs Elizabeth Webster Macdonald or Gill; Defenders: Certain sub-tenants of the subjects leased
Jurisdiction
Scotland
Judgment Date
04 July 1908
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute to Inner House, First Division
Outcome
appeal sustained; action dismissed
Legal Topics
Assignation in Security, Long Lease, Statutory Remedies, Maills and Duties, Registration of Leases
Property Law Security Rights Land Law Assignation in Security Long Lease Statutory Remedies Maills and Duties Registration of Leases

Case Brief

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Parties

Miss Alexandrina Dunbar

Pursuer (respondent)

Mrs Elizabeth Webster Macdonald or Gill

Defender (reclaimer)

Certain sub-tenants of the subjects leased

Defenders

Procedural Posture

Civil Appeal / Appeal From Sheriff Substitute to Inner House, First Division

Legal Issues

  1. 1 Whether an assignee in security of a long lease may bring an action of maills and duties to recover sub-rents, or must follow the statutory procedure under the Registration of Leases (Scotland) Act 1857.

Ratio Decidendi

Section 6 of the Registration of Leases (Scotland) Act 1857 provides a specific procedure for an assignee in security of a long lease to enter into possession and uplift rents; this statutory remedy excludes the common law action of maills and duties. The pursuer, not having followed the statutory procedure, is not entitled to the remedy sought.

Court Disposition

appeal sustained; action dismissed

Orders

  • The appeal is sustained.
  • The action of maills and duties is dismissed.