Colquhoun's Curator Bonis v. Glen's Trustee and Another [1920] ScotLR 623 (06 July 1920)

Colquhoun's Curator Bonis v. Glen's Trustee and Another [1920] ScotLR 623 (06 July 1920)

The use of the villa for teaching children under a contractual arrangement constitutes a breach of the feu-contract restriction, as it is inconsistent with exclusive occupation by one family and introduces third parties not subject to family discipline and control.

Citation
[1920] ScotLR 623
Parties
Pursuer: Archibald Campbell Colquhoun, curator bonis to William Erskine Campbell Colquhoun; Defender: William M'Lay, trustee on the sequestrated estates of Hugh Glen; Defender: Miss M. A. Hannan Watson, lessee of Aithne, Bearsden
Jurisdiction
Scotland
Judgment Date
06 July 1920
Procedural Posture
Civil / Appeal From Sheriff Court, Inner House First Division Judgment
Outcome
Interdict granted; declarator of breach of feu-contract restriction
Legal Topics
Real Burdens, Feu Contract Restrictions, Use of Dwelling House, Building Restrictions
Property Law Real Burdens Feu Contract Restrictions Use of Dwelling House Building Restrictions

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Parties

Archibald Campbell Colquhoun, curator bonis to William Erskine Campbell Colquhoun

Pursuer

William M'Lay, trustee on the sequestrated estates of Hugh Glen

Defender

Miss M. A. Hannan Watson, lessee of Aithne, Bearsden

Defender

Procedural Posture

Civil / Appeal From Sheriff Court, Inner House First Division Judgment

Legal Issues

  1. 1 Whether use of villa as a kindergarten school breaches feu-contract restriction limiting use to self-contained private dwelling-house for one family only

Ratio Decidendi

The use of the villa for teaching children under a contractual arrangement constitutes a breach of the feu-contract restriction, as it is inconsistent with exclusive occupation by one family and introduces third parties not subject to family discipline and control.

Court Disposition

Interdict granted; declarator of breach of feu-contract restriction

Orders

  • Recal interlocutors of Sheriff-Substitute and Sheriff
  • Repeat findings in fact (1), (2), and (3)