APPEAL AGAINST A DECISION OF THE LANDS TRIBUNAL FOR SCOTLAND IN THE APPLICATION OF THE ROYAL LONDON MUTUAL INSURANCE SOCIETY LTD AGAINST CHISHOLM HUNTER LTD AND OTHERS [2023] ScotCS CSIH_29 (19 July 2023)

APPEAL AGAINST A DECISION OF THE LANDS TRIBUNAL FOR SCOTLAND IN THE APPLICATION OF THE ROYAL LONDON MUTUAL INSURANCE SOCIETY LTD AGAINST CHISHOLM HUNTER LTD AND OTHERS [2023] ScotCS CSIH_29 (19 July 2023)

The burdened properties and the nature and extent of the burdens are sufficiently identified and ascertainable from the 1954 disposition; the apportionment formula based on assessed rental value is workable; ambiguity in descriptive terms does not invalidate the burdens; the appeal is refused.

Citation
[2023] ScotCS CSIH_29
Parties
Applicant and Appellant: The Royal London Mutual Insurance Society Limited; Respondent: Chisholm Hunter Limited; Respondent: Dada Events Ltd; Respondent: Norman William Innes, Annette Aitchison and Peter Andrew Wylie as Trustees of the Rock DCM Limited Directors Small Self-Administered Scheme; Respondent: Tom Coll Jewellery Limited
Jurisdiction
Scotland
Judgment Date
19 July 2023
Procedural Posture
Appeal / Final Judgment
Outcome
appeal refused
Legal Topics
Validity of Real Burdens, Identification of Burdened Property, Apportionment of Liability for Common Repairs, Title Conditions (scotland) Act 2003
Property Law Real Burdens Scottish Conveyancing Validity of Real Burdens Identification of Burdened Property Apportionment of Liability for Common Repairs Title Conditions (scotland) Act 2003

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

The Royal London Mutual Insurance Society Limited

Applicant and Appellant

Chisholm Hunter Limited

Respondent

Dada Events Ltd

Respondent

Norman William Innes, Annette Aitchison and Peter Andrew Wylie as Trustees of the Rock DCM Limited Directors Small Self-Administered Scheme

Respondent

Tom Coll Jewellery Limited

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the real burdens for repair and maintenance of common parts in Argyll Chambers are valid, enforceable, and capable of application
  2. 2 Whether the burdened and benefitted properties are sufficiently identified in the 1954 disposition
  3. 3 Whether the nature and content of the burdens are sufficiently certain to enable proprietors to ascertain their liabilities

Ratio Decidendi

The burdened properties and the nature and extent of the burdens are sufficiently identified and ascertainable from the 1954 disposition; the apportionment formula based on assessed rental value is workable; ambiguity in descriptive terms does not invalidate the burdens; the appeal is refused.

Court Disposition

appeal refused

Orders

  • The appeal against the Lands Tribunal's decision is refused.