BEATSONS BUILDING SUPPLIES Ltd v MICHAEL GARDNER NOBLE & Ors AS TRUSTEES OF THE ALEX F NOBLE & SON Ltd EXECUTIVE BENEFITS SCHEME [2015] ScotSC 33 (01 May 2015)

BEATSONS BUILDING SUPPLIES Ltd v MICHAEL GARDNER NOBLE & Ors AS TRUSTEES OF THE ALEX F NOBLE & SON Ltd EXECUTIVE BENEFITS SCHEME [2015] ScotSC 33 (01 May 2015)

The lease's definition of 'Premises' is full and inclusive, conveying the solum and culvert to the tenant. No express reservation or horizontal boundary is stated. The tenant's repairing obligation under clause 4.5.1 includes the culvert. Scots common law does not imply horizontal boundaries absent express agreement.

Citation
[2015] ScotSC 33
Parties
Pursuer: Beatsons Building Supplies Limited; Defender: Michael Gardner Noble and others, as trustees of the Alex F Noble & Son Limited Executive Benefits Scheme
Jurisdiction
Scotland
Judgment Date
01 May 2015
Procedural Posture
Commercial Lease Dispute / Interlocutory Judgment Following Debate
Outcome
Defender's first plea-in-law sustained to the extent of refusing probation to specified averments supporting the pursuer's principal position; pursuer's first and second pleas-in-law in principal action and second plea-in-law in counterclaim repelled; case management conference to be fixed for further procedure and...
Legal Topics
Lease Construction, Repair Obligations, Extent of Leased Premises, Common Law Boundaries
Property Law Contract Law Landlord and Tenant Lease Construction Repair Obligations Extent of Leased Premises Common Law Boundaries

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Parties

Beatsons Building Supplies Limited

Pursuer

Michael Gardner Noble and others, as trustees of the Alex F Noble & Son Limited Executive Benefits Scheme

Defender

Procedural Posture

Commercial Lease Dispute / Interlocutory Judgment Following Debate

Legal Issues

  1. 1 Whether the Loon Burn culvert falls within the definition of 'Premises' leased to the tenant
  2. 2 Whether the tenant or landlord is responsible for repair and maintenance of the culvert under the lease

Ratio Decidendi

The lease's definition of 'Premises' is full and inclusive, conveying the solum and culvert to the tenant. No express reservation or horizontal boundary is stated. The tenant's repairing obligation under clause 4.5.1 includes the culvert. Scots common law does not imply horizontal boundaries absent express agreement.

Court Disposition

Defender's first plea-in-law sustained to the extent of refusing probation to specified averments supporting the pursuer's principal position; pursuer's first and second pleas-in-law in principal action and second plea-in-law in counterclaim repelled; case management conference to be fixed for further procedure and...

Orders

  • Refused probation to specified averments in pursuer's pleadings
  • Repelled pursuer's first and second pleas-in-law in principal action