Edinburgh Parish Council v. Schulze [1917] ScotLR 577 (13 July 1917)

Edinburgh Parish Council v. Schulze [1917] ScotLR 577 (13 July 1917)

The requisition of property by the War Office under the Defence of the Realm Regulations 1914 constitutes only temporary possession and does not transfer ownership to the Crown. The defender remained the owner as entered in the valuation roll and was therefore liable for the owner's rates and assessments. There was no statutory exemption applicable to relieve him of this liability.

Citation
[1917] ScotLR 577
Parties
Pursuer: Edinburgh Parish Council; Defender: Charles William Schulze
Jurisdiction
Scotland
Judgment Date
13 July 1917
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Decree
Outcome
appeal dismissed; decree for pursuers adhered to
Legal Topics
Rates and Assessments, Valuation Roll, War Requisition, Crown Occupation, Liability for Rates
Property Law Local Government Law Public Law Rates and Assessments Valuation Roll War Requisition Crown Occupation Liability for Rates

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Parties

Edinburgh Parish Council

Pursuer

Charles William Schulze

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Decree

Legal Issues

  1. 1 Is the owner of property requisitioned by the War Office under the Defence of the Realm Regulations 1914 liable for owner's rates and assessments while the Crown is in occupation?
  2. 2 Does requisition by the Crown constitute a transfer of ownership or merely temporary possession?
  3. 3 Does Crown occupation exempt the property from local rates and assessments?

Ratio Decidendi

The requisition of property by the War Office under the Defence of the Realm Regulations 1914 constitutes only temporary possession and does not transfer ownership to the Crown. The defender remained the owner as entered in the valuation roll and was therefore liable for the owner's rates and assessments. There was no statutory exemption applicable to relieve him of this liability.

Court Disposition

appeal dismissed; decree for pursuers adhered to

Orders

  • Defender's defences repelled
  • Decree granted for payment of rates and assessments as craved by pursuers