Lothian RC v Rennie [1991] ScotCS CSIH_1 (01 March 1991)

Lothian RC v Rennie [1991] ScotCS CSIH_1 (01 March 1991)

The purported real burden in the disposition is void for uncertainty because its terms are too vague and imprecise to be enforceable against singular successors. The obligation to maintain a supply of water 'to provide an adequate flow to cleanse and drain the remaining parts of the Mill Lade... all to the reasonable satisfaction of us and our successors' does not specify the extent or standard of the obligation with sufficient clarity. The standard is subjective and may vary over time, making it impossible for successors to ascertain their obligations from the deed alone.

Citation
[1991] ScotCS CSIH_1
Parties
Pursuer/appellant: Lothian Regional Council; Defender/respondent: Rennie
Jurisdiction
Scotland
Judgment Date
01 March 1991
Procedural Posture
Civil Appeal / Appeal From Sheriff Principal to Inner House, Court of Session
Outcome
appeal dismissed
Legal Topics
Real Burdens—certainty of Terms, Enforceability Against Singular Successors, Interpretation of Deeds, Standards of Precision in Burdens
Property Law Real Burdens Conveyancing Real Burdens—certainty of Terms Enforceability Against Singular Successors Interpretation of Deeds Standards of Precision in Burdens

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 4 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Lothian Regional Council

Pursuer/appellant

Rennie

Defender/respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Principal to Inner House, Court of Session

Legal Issues

  1. 1 Whether the clause in the disposition created a valid and enforceable real burden against singular successors
  2. 2 Whether the terms of the burden were void for uncertainty due to lack of precision

Ratio Decidendi

The purported real burden in the disposition is void for uncertainty because its terms are too vague and imprecise to be enforceable against singular successors. The obligation to maintain a supply of water 'to provide an adequate flow to cleanse and drain the remaining parts of the Mill Lade... all to the reasonable satisfaction of us and our successors' does not specify the extent or standard of the obligation with sufficient clarity. The standard is subjective and may vary over time, making it impossible for successors to ascertain their obligations from the deed alone.

Court Disposition

appeal dismissed

Orders

  • Sheriff's and sheriff principal's interlocutors adhered to, subject to amendment that the defender's third plea-in-law should not be sustained to the extent of reducing ope exceptionis the clause in the contract.