Hill v. Millar [1900] ScotLR 37_551 (17 March 1900)

Hill v. Millar [1900] ScotLR 37_551 (17 March 1900)

The feu-charter condition is plain and unambiguous, permitting only one shop fronting Morningside Road; the proposal to erect ten shops is a breach of the conditions. Co-vassals have both title and interest to enforce the restriction against the petitioner.

Citation
[1900] ScotLR 37_551
Parties
Petitioner: Archibald Hill; Respondent: James Millar; Respondent: John Paterson's trustees
Jurisdiction
Scotland
Judgment Date
17 March 1900
Procedural Posture
Appeal / Inner House Second Division, Post Dean of Guild Refusal
Outcome
Appeal dismissed; Dean of Guild's refusal adhered to.
Legal Topics
Building Restrictions, Feu Charter Conditions, Co Vassal Enforcement, Title and Interest
Property Law Building Restrictions Feu Charter Conditions Co Vassal Enforcement Title and Interest

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 3 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Archibald Hill

Petitioner

James Millar

Respondent

John Paterson's trustees

Respondent

Procedural Posture

Appeal / Inner House Second Division, Post Dean of Guild Refusal

Legal Issues

  1. 1 Whether the proprietor of the corner lot may erect more than one shop under the feu-charter
  2. 2 Whether co-vassals have title and interest to enforce building restrictions against another

Ratio Decidendi

The feu-charter condition is plain and unambiguous, permitting only one shop fronting Morningside Road; the proposal to erect ten shops is a breach of the conditions. Co-vassals have both title and interest to enforce the restriction against the petitioner.

Court Disposition

Appeal dismissed; Dean of Guild's refusal adhered to.

Orders

  • Petitioner's application for warrant to erect ten shops refused.
  • Respondents entitled to enforce restriction.