Maxwell v. M'Farlane [1901] ScotLR 38_665 (14 June 1901)

Maxwell v. M'Farlane [1901] ScotLR 38_665 (14 June 1901)

The obligation to pay additional feu-duty applies not only to ground actually built upon but also to ground accessory and necessary to the use and enjoyment of the buildings, such as approaches and protective banks, as these are included in the ordinary meaning of 'ground on which buildings shall be erected.'

Citation
[1901] ScotLR 38_665
Parties
Pursuer and Reclaimer: Sir John Maxwell Stirling Maxwell; Defender and Respondent: Donald M'Farlane
Jurisdiction
Scotland
Judgment Date
14 June 1901
Procedural Posture
Civil / Appeal (reclaiming Note) From Interlocutor of Lord Ordinary
Outcome
appeal allowed; interlocutor of Lord Ordinary recalled; decree granted in terms of the conclusions of the summons
Legal Topics
Feu Contract, Construction of Deeds, Superior and Vassal, Additional Feu Duty, Accessory Ground to Buildings
Property Law Contract Law Feu Contract Construction of Deeds Superior and Vassal Additional Feu Duty Accessory Ground to Buildings

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Parties

Sir John Maxwell Stirling Maxwell

Pursuer and Reclaimer

Donald M'Farlane

Defender and Respondent

Procedural Posture

Civil / Appeal (reclaiming Note) From Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Whether additional feu-duty is exigible only for ground actually covered by buildings or also for ground accessory to buildings such as approaches and banks.

Ratio Decidendi

The obligation to pay additional feu-duty applies not only to ground actually built upon but also to ground accessory and necessary to the use and enjoyment of the buildings, such as approaches and protective banks, as these are included in the ordinary meaning of 'ground on which buildings shall be erected.'

Court Disposition

appeal allowed; interlocutor of Lord Ordinary recalled; decree granted in terms of the conclusions of the summons

Orders

  • Defender found liable to pay additional feu-duty for ground accessory to buildings, including approaches and grass slopes forming the bank of the reservoir, as claimed by the pursuer.