Barbour v. M'Douall [1914] ScotLR 720 (19 June 1914)

Barbour v. M'Douall [1914] ScotLR 720 (19 June 1914)

Customary estate arrangements for drainage did not amount to an agreement to dispense with statutory written notice under section 3(4) of the Agricultural Holdings (Scotland) Act 1908; thus, no compensation for drainage improvements was due. The tenants had given the landlord reasonable opportunity to value stock before forced sale, and the arbiter's assessment of loss was within statutory entitlement under section 10.

Citation
[1914] ScotLR 720
Parties
Appellants (tenants): John Barbour and Robert Barbour; Respondent (landlord): Andrew Kenneth M'Douall of Logan
Jurisdiction
Scotland
Judgment Date
19 June 1914
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute's Decision in a Stated Case Under the Agricultural Holdings (scotland) Act 1908
Outcome
appeal dismissed; interlocutor of Sheriff-Substitute affirmed
Legal Topics
Compensation for Improvements, Custom of Estate, Notice Requirements, Unreasonable Disturbance, Forced Sale, Valuation Opportunity
Land Law Agricultural Law Contract Law Compensation for Improvements Custom of Estate Notice Requirements Unreasonable Disturbance Forced Sale +1 more

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Parties

John Barbour and Robert Barbour

Appellants (tenants)

Andrew Kenneth M'Douall of Logan

Respondent (landlord)

Procedural Posture

Civil Appeal / Appeal From Sheriff Substitute's Decision in a Stated Case Under the Agricultural Holdings (scotland) Act 1908

Legal Issues

  1. 1 Whether an agreement to dispense with written notice for drainage improvements under section 3(4) of the Agricultural Holdings (Scotland) Act 1908 could be inferred from estate custom and conduct;
  2. 2 Whether tenants were barred from claiming compensation for loss on forced sale due to alleged lack of reasonable opportunity for landlord to value stock;
  3. 3 Whether losses assessed by the arbiter for forced sale were compensable under section 10 of the Act.

Ratio Decidendi

Customary estate arrangements for drainage did not amount to an agreement to dispense with statutory written notice under section 3(4) of the Agricultural Holdings (Scotland) Act 1908; thus, no compensation for drainage improvements was due. The tenants had given the landlord reasonable opportunity to value stock before forced sale, and the arbiter's assessment of loss was within statutory entitlement under section 10.

Court Disposition

appeal dismissed; interlocutor of Sheriff-Substitute affirmed

Orders

  • No compensation for drainage improvements;
  • Compensation for forced sale losses affirmed as assessed by the arbiter.