Kirkintilloch Kirk-Session v. Kirkintilloch School Board [1911] ScotLR 926 (08 July 1911)
The school board cannot sell the school buildings without arranging to give the kirk-session an equivalent for their reserved right of partial occupation, as the statutory condition of use must be respected before disposition.
- Citation
- [1911] ScotLR 926
- Parties
- Pursuer: Kirkintilloch Kirk-Session; Defender: Kirkintilloch School Board
- Jurisdiction
- Scotland
- Judgment Date
- 08 July 1911
- Procedural Posture
- Appeal / Inner House, Second Division, Court of Session
- Outcome
- Appeal dismissed; interlocutor affirmed
- Legal Topics
- Transfer of School Property, Reservation of Rights, Statutory Interpretation, Real Burden, Interdict
Case Brief
Summary, issues, holding and outcome
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Parties
Kirkintilloch Kirk-Session
Pursuer
Kirkintilloch School Board
Defender
Procedural Posture
Appeal / Inner House, Second Division, Court of Session
Legal Issues
- 1 Whether the school board can sell school buildings transferred under Education (Scotland) Act 1872 without arranging equivalent accommodation for the kirk-session's reserved right of use
- 2 Whether the reserved right constitutes a real burden enforceable against singular successors
Ratio Decidendi
The school board cannot sell the school buildings without arranging to give the kirk-session an equivalent for their reserved right of partial occupation, as the statutory condition of use must be respected before disposition.
Court Disposition
Appeal dismissed; interlocutor affirmed
Orders
- Interdict granted against school board from selling school buildings without arranging equivalent accommodation for kirk-session
- Expenses awarded to pursuers
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