Moray Estates Development Company v Butler & Ors [1999] ScotCS 41 (3 February 1999)

Moray Estates Development Company v Butler & Ors [1999] ScotCS 41 (3 February 1999)

The lease was granted only to the partnership of Messieurs Grigor Butler and Son as constituted in 1964 and did not extend to a partnership including persons who were not partners at that time. The survivorship clause and trust formulation were conventional and did not indicate an intention to create a lease to a house or to allow succession by new partners. The lease terminated at the latest on the death of Mr Grigor Butler, and the defenders have no tenancy rights under the lease.

Citation
[1999] ScotCS 41
Parties
Pursuer: Moray Estates Development Company; Defender: Anthony Butler and Others
Jurisdiction
Scotland
Judgment Date
03 February 1999
Procedural Posture
Civil / Judgment After Debate on Relevancy
Outcome
Decree granted in favour of pursuers as concluded for; defenders' pleas repelled.
Legal Topics
Partnership Leases, Succession of Tenancy, Delectus Personae, Interpretation of Leases, Agricultural Holdings
Property Law Agricultural Law Contract Law Partnership Leases Succession of Tenancy Delectus Personae Interpretation of Leases Agricultural Holdings

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Parties

Moray Estates Development Company

Pursuer

Anthony Butler and Others

Defender

Procedural Posture

Civil / Judgment After Debate on Relevancy

Legal Issues

  1. 1 Whether the lease of Ordies Farm continued in favour of the defenders or any partnership including them after changes in the constitution of the original tenant partnership
  2. 2 Whether the lease was to a 'house' (i.e., the partnership as it might be constituted from time to time) or only to the original partners as constituted in 1964

Ratio Decidendi

The lease was granted only to the partnership of Messieurs Grigor Butler and Son as constituted in 1964 and did not extend to a partnership including persons who were not partners at that time. The survivorship clause and trust formulation were conventional and did not indicate an intention to create a lease to a house or to allow succession by new partners. The lease terminated at the latest on the death of Mr Grigor Butler, and the defenders have no tenancy rights under the lease.

Court Disposition

Decree granted in favour of pursuers as concluded for; defenders' pleas repelled.

Orders

  • Declarator that the Farm of Ordies, by Forres, Moray, is unencumbered by any tenancy in favour of the defenders or any of them or any partnership of which they or any of them may be a partner.