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30 Cards in this Set
- Front
- Back
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Collins v Sweeny |
COMMON OWNERS Couple split up and sold house they were sharing. Court were not able to order one half to sell their half to the other |
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Board and Management of Aberdeen College v Youngson |
DERIVATIVE ACQUISITION ESSENTIALS 1) Parties Must be two different parties involved as you cannot transfer something to yourself |
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PMP Plus v Keeper of the Registers of Scotland 2009 |
DERIVATIVE ACQUISITION ESSENTIALS 2) Property Housing developer bought a large plot on land to build on. Would have had common areas not yet defined. They wanted to start selling off before defined and weren't allowed. Not specific enough |
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Burnett's Tr v Grainger 2004 |
DERIVATIVE ACQUISITION TRANSFER PROCESS Distinguished Sharp v Thomson G wanted to buy house from B and completed stages 1 and 2 but no external act. B went bankrupt and everything conveyed to her bankruptcy manager including external act so was owner of the house . Harsh results as G lost home. |
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Rodger (Builders) Ltd v Fawdry |
VOLUNTARY TRANSFER - VOIDABLE TITLE OFFSIDE GOAL RULE F contracted to sell hose to RB and conveyance stage not completed. F entered second contract with B who is aware of contract with RB. B completes all 3 stages. RB complained that F breached their contract and B was in the wrong for knowing of the contract. Bs bad faith made her title voidable |
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Gibson v Royal Bank of Scotland 2009 |
VOLUNTARY TRANSFER - VOIDABLE TITLE OFFSIDE GOAL RULE Second granter didn't know of the first until the contract was concluded so wasn't bad faith |
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Scottish Widows fund v Buist |
DERIVATIVE ACQUISITION Life insurance assigned to Buist on death. Money was refused to B as M had lied about his health when he applied. B got no money as he couldn't have a better right than M. |
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Moncrief v Jamieson 2007 |
SERVITUDES one piece of land higher up than the other. Had to go down in cars to get to the lower land over higher land so needed to be able to park on serviant land. |
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Compugraphics v Nikolik |
PROJECTION SERVITUDE pipe duct went into airspace of other property. This is usually encroachment delict ut they established a servitude of projection |
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Aberdeen Arieties ltd v Donald |
REAL BURDENS content of the burden must be within the four corners of the deed so you cant refer to another statute |
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Barker v Lewis |
REAL BURDENS B&B case material detriment? Court applied quantative approach to decide how many minutes each day the enjoyment of the property was disturbed and concluded it was a small amount |
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Kettlewell v Turning point |
REAL BURDENS looked at material detriment of value not enjoyment care home neighbours complained it would lower value of their homes they had proof of another area where same situation value had fallen |
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whitelaw v acheson |
REAL BURDEN House to be residence of a single family but turned into therapy centre court said material detriment meant 'not trivial detriment' lower standard than barker |
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Kkurshid Mustafa v Sweden 2011 |
HUMAN RIGHTS tv satellite dish in breach of lease argued violation of right to recieve information under art 10 HORIZONTAL CASE - court agreed with them even though it was between two private individuals |
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Sporrong and Lonnroth v Sweden |
HUMAN RIGHTS Article 1 protocal 1 interference with your possessions go through usual steps - lawful, legitimate aim, proportional |
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Karl Construction v Palisade Pproperties |
HUMAN RIGHTS Article 1 take someone to court for 20000 you want to make sure they have the money if you are successful the court can seize your assets and put money in a bank account as security court automatically granted dilligence if they were asked to by the pursuer problem if you are a defender - interference with right to possession disproportionate, should only do this if there is risk that defenders wont be able to pay |
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South Lanarkshire Council v McKenna |
HUMAN RIGHTS Landlord reposess house without court order was in the act and court read it as proportional |
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Commercial Union Insurance co Ltd v Watt and Cumine |
LEASES tacit relocation when leases end unless landlord or tenant says it has ended then it continues for a year unless the terms of the lease said it would not |
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Burger King ltd v Rachel Charitable trust |
LEASES Wanted to get out of the lease and assign premises to a pound shop and landlord due to bad financial stability. |
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Dollar Land (Cumbernauld( ltd v CIN Properties ltd |
Cumbernauld landlords shopping centre paid rent the day after specified but not enough as the landlords right is absolute |
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Campbell v McCuttcheon |
absence to reference minerals in missives of house selling meant they were included in the sale and purchaser was not obliged to give seller time to acquire minerals |
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Drury v McGarvie |
SERVITUDE cottage had right of vehicular access to public road and gates erected to stop animals straying cottage owners argued they could not open the gate said only an issue if an able bodied adult could not open gate |
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Dick v Clydesdale Bank |
creditor of peices of land soughtt o sell and proprietor rasied action of damages as the creditor hadn't advertised the sale and made sure it got the best price reasonably obtained |
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Crief Highland Catering ltd v Perth and Kinross council |
LEASE Landlord said contract was breached as local authority had not upkept the wall but they had spent a fair amount of money trying to upkeep wall none of their breaches were material enough said court |
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Paragon Housing Association v Manclark |
LEASE Discretionary grounds - security tenure procedure for removal - house with destroyed doors but court granted order of recovery for posession for the landlord |
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Cochrane v ewart |
implied grant |
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murray v medley |
implied reservation |
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snowy v museum hall |
TRANSFER House used as place to work from home and not allowed but court alowed it said it would be onerous to not allow it |
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Halkerston v Wedderburn |
ENCROACHMENT Tree roots |
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McKitchen v Muir |
SPECIAL LIEN inn kept their clothes until they paid |
