J. & F. Forrest v. Governors of George Watson's Hospital [1905] ScotLR 43_183 (15 December 1905)

J. & F. Forrest v. Governors of George Watson's Hospital [1905] ScotLR 43_183 (15 December 1905)

The obligation to build and maintain a dwelling-house of specified value and location, as approved by the superiors, is clear and runs with the land. The superiors' interest to enforce this obligation is implied by the stipulation and has not been extinguished by subsequent events or consent. The pursuers are not entitled to remove Napier Villa or erect tenements incompatible with its continued existence.

Citation
[1905] ScotLR 43_183
Parties
Pursuer: J. & F. Forrest; Defender: Governors of George Watson's Hospital
Jurisdiction
Scotland
Judgment Date
15 December 1905
Procedural Posture
Civil / Final Appellate Judgment
Outcome
appeal dismissed; judgment for defenders
Legal Topics
Feu Charter, Building Restrictions, Superior and Vassal, Enforcement of Title Conditions
Property Law Real Estate Feu Charter Building Restrictions Superior and Vassal Enforcement of Title Conditions

Case Brief

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Parties

J. & F. Forrest

Pursuer

Governors of George Watson's Hospital

Defender

Procedural Posture

Civil / Final Appellate Judgment

Legal Issues

  1. 1 Whether the pursuers are entitled to remove Napier Villa and erect tenements contrary to the feu charter
  2. 2 Whether the superiors must show interest to enforce maintenance of the dwelling-house

Ratio Decidendi

The obligation to build and maintain a dwelling-house of specified value and location, as approved by the superiors, is clear and runs with the land. The superiors' interest to enforce this obligation is implied by the stipulation and has not been extinguished by subsequent events or consent. The pursuers are not entitled to remove Napier Villa or erect tenements incompatible with its continued existence.

Court Disposition

appeal dismissed; judgment for defenders

Orders

  • Pursuers not entitled to remove Napier Villa or erect tenements incompatible with its maintenance
  • Defenders assoilzied from both branches of the pursuers' conclusions