Christie v Smith [1949] ScotCS CSIH_6 (14 July 1949)

Christie v Smith [1949] ScotCS CSIH_6 (14 July 1949)

The summer-house, by virtue of its substantial construction, permanence, and integration into the layout and function of the farm, was heritable property and passed to the purchaser under the disposition, regardless of its removability or lack of physical attachment to the soil.

Citation
[1949] ScotCS CSIH_6
Parties
Pursuer: William Duthie Christie; Defender: Smith's Executrix (Mrs Smith)
Jurisdiction
Scotland
Judgment Date
14 July 1949
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute
Outcome
appeal allowed
Legal Topics
Heritable Property, Fixtures and Moveables, Sale of Land, Accession, Interpretation of Disposition
Property Law Heritable Property Fixtures and Moveables Sale of Land Accession Interpretation of Disposition

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Parties

William Duthie Christie

Pursuer

Smith's Executrix (Mrs Smith)

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Substitute

Legal Issues

  1. 1 Whether a summer-house erected on a farm was heritable or moveable property at the time of sale and thus passed to the purchaser under the disposition.

Ratio Decidendi

The summer-house, by virtue of its substantial construction, permanence, and integration into the layout and function of the farm, was heritable property and passed to the purchaser under the disposition, regardless of its removability or lack of physical attachment to the soil.

Court Disposition

appeal allowed

Orders

  • Order for restoration of the summer-house to the purchaser.