Millar v McRobbie [1948] ScotCS CSIH_3 (13 October 1948)

Millar v McRobbie [1948] ScotCS CSIH_3 (13 October 1948)

Limited acts of occupation by the defender on certain days prior to the legal term of entry, performed under a limited licence, did not amount to possession of the whole subjects under the lease and therefore did not convert the defender's personal right into a real right enforceable against the pursuer as singular successor.

Citation
[1948] ScotCS CSIH_3
Parties
Pursuer: Millar; Defender: M'Robbie
Jurisdiction
Scotland
Judgment Date
13 October 1948
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session (inner House)
Outcome
Appeal allowed; finding pronounced that defender has not by possession under the lease converted his personal into a real right.
Legal Topics
Real Rights Under Lease, Possession Under Lease, Effect of Possession on Singular Successor, Conversion of Personal Right to Real Right
Property Law Landlord and Tenant Real Rights Under Lease Possession Under Lease Effect of Possession on Singular Successor Conversion of Personal Right to Real Right

Case Brief

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Parties

Millar

Pursuer

M'Robbie

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session (inner House)

Legal Issues

  1. 1 Whether limited pre-entry occupation by incoming tenant constitutes possession sufficient to convert a personal right under a lease into a real right enforceable against a singular successor under Act 1449, Chapter 18.

Ratio Decidendi

Limited acts of occupation by the defender on certain days prior to the legal term of entry, performed under a limited licence, did not amount to possession of the whole subjects under the lease and therefore did not convert the defender's personal right into a real right enforceable against the pursuer as singular successor.

Court Disposition

Appeal allowed; finding pronounced that defender has not by possession under the lease converted his personal into a real right.

Orders

  • Finding that the defender has not by possession under the lease converted his personal into a real right.