Allan v. MacLachlan [1900] ScotLR 37_497 (02 March 1900)

Allan v. MacLachlan [1900] ScotLR 37_497 (02 March 1900)

The obligation to repair and upkeep the servitude road was not constituted as a real burden and was not referred to in the defender's title; therefore, it was a personal obligation binding only on the original parties and does not transmit to singular successors. The defender is not bound to contribute to repair costs.

Citation
[1900] ScotLR 37_497
Parties
Pursuer: Alexander Allan of Aros, Mull; Defender: Dugald Cameron MacLachlan
Jurisdiction
Scotland
Judgment Date
02 March 1900
Procedural Posture
Civil / Appeal From Sheriff Court Decision
Outcome
appeal allowed; action dismissed
Legal Topics
Servitude, Real Burden, Obligation to Repair Servitude Road
Property Law Servitude Real Burden Obligation to Repair Servitude Road

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Parties

Alexander Allan of Aros, Mull

Pursuer

Dugald Cameron MacLachlan

Defender

Procedural Posture

Civil / Appeal From Sheriff Court Decision

Legal Issues

  1. 1 Does an obligation to repair a servitude road transmit to singular successors when not constituted as a real burden?
  2. 2 Is the defender bound by a contractual obligation in the absence of reference in his title?
  3. 3 Does the defender owe any contribution to repair costs under common law or contract?

Ratio Decidendi

The obligation to repair and upkeep the servitude road was not constituted as a real burden and was not referred to in the defender's title; therefore, it was a personal obligation binding only on the original parties and does not transmit to singular successors. The defender is not bound to contribute to repair costs.

Court Disposition

appeal allowed; action dismissed

Orders

  • Interlocutor of Sheriff-Substitute of 21st September 1898 and all subsequent interlocutors recalled
  • Defences sustained