Sheriff Court case concerning the sale of Harwood Estate near Bonchester Bridge in Hawick. In 2002 the trustees sought to sell part of the estate with the exception of Harwood Mill, which was being retained as a residence for Andrew Lubbock, and the lodge, which was the subject of a liferent to Georgina Lauder. However, no mention was made of the exception of the lodge in the narrative to the disposition and title to the lodge was included within the estate title registered in favour of t ...
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Outer House case considering the interpretation of missives for a property in Melrose, near Galashiels. Pinecraven sought damages and interest from Mr and Mrs Taddei as a result of their failure to settle the transaction. Mr and Mrs Taddei argued that there was no concluded contract. The crux of the Taddeis’ argument was that Pinecraven’s offer to sell contained a time limit for acceptance after which the offer would be null and void. Whilst the Taddeis’ qualified acceptan ...
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The facts Outer House case in which a trustee in bankruptcy sought declarators and reductions relating to a series of conveyancing transactions which followed an alleged fraud on the part of a bankrupt (Mr Pocock). The transactions related to the sale of a property at Queen’s Gardens in Aberdeen. The trustee discovered that a disposition of the property by Skene Investments in favour of Mr Pocock had not been registered and that a second disposition in favour of Howemoss Properties L ...
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Parties and Background The defenders had entered into missives to purchase a house from the pursuers. The date of entry was to be 4th July 2008. The missives provided that the defenders would be in material breach of the contract if payment was not received on the entry date. The missives also stated that they were to be legally enforceable for two years from the date of entry. However, the defenders did not take entry and settle payment until the 28th November 2008. No formal ...
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Sheriff court case concerning an action for damages for failure to pay the purchase price timeously in terms of missives for the purchase/sale of a house in Saltcoats. The missives provided for a date of entry of 4th July 2008. However, settlement did not take place and the purchase price was not paid until the 28th November 2010. No formal amendment was made to the missives. However, there was correspondence between the parties in which the sellers indicated that they were reserving the ri ...
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Sheriff Court case concerning the maintenance of part of an archway over a pend on Constitution Street in Edinburgh. The pend is a passage running through a tenement giving access to a courtyard and premises to the rear. The issue for the court was whether the owner of the pend was liable for a share of the cost of repairs to the archway above it. Sheriff Morrison found that the pend was not part of the tenement and, although it could be described as a “connected passage”, ...
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Case concerning rights to air conditioning apparatus overhanging a neighbouring property. In 2007 Mr Nikolic bought land neighbouring Compugraphics factory at Eastfield Industrial Estate in Glenrothes. He asked Compugraphics to remove the overhanging pipes, ductwork and supporting stantions (which had been in place since 1971) from his land. Compugraphics raised an action claiming that either (1) they owned the pipes and were entitled to retain them in place free from interference by ...
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The pursuers were a limited company engaged in the development and sale of houses. The defender was a businessman. The parties exchanged missives between May 2006 and August 2007 under which the defender agreed to purchase property from the pursuers. The property required to be extensively remodelled to meet the defender’s specifications. The price of the property and works was in excess of £3 million. The missives contained a mechanism for establishing a date of entry by reference to ...
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This was an appeal against a Sheriff’s decision to grant decree in favour of the pursuers in an action for payment. The parties had entered into Missives, on conclusion of which part of the purchase price was paid. The defender and appellant then indicated to the pursuers and respondents that he was ‘not in a position’ to proceed with the purchase. An action was raised for payment of the balance of price said to be due, plus accrued interest. The issue on appeal was whether, when told the purcha ...
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Inner House: Appeal; The pursuers were the owners of a linolium factory. They agreed to sell surplus land at their factory site to the defenders. The defenders obtained permission for developement of a supermarket over the Subjects of an adjoining site owned by Fife Enterprise. Appeal of decision by Lord Ordinary determining the nature of the title to be given by the pursuers to the defenders in terms of clause 10 of the missives. Interpretation of missives. Disputed: whether the wording of clau ...
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