A feucontract provided that the vassal should pay, in addition to the feuduty stipulated, ‘the sum of two shillings sterling of additional feuduty for every square pole of the said piece of ground on which buildings shall be erected, excepting an addition to the mansion-house and a porter’s lodge.’ A singular successor of the original vassal erected a public laundry on part of the feu. Held ( reversing the judgment of the First Division and restoring the judgment of Lord Stormonth Darling, Ordinary) that the additional feuduty was exigible only for the ground used for the buildings which had been erected, and not also for ground utilised for approaches to the buildings, and certain grass slopes forming the bank of the laundry reservoir.
Judges:
Lord Chancellor (Halsbury) and Lords Shand, Davey, and Robertson
Citations:
[1902] UKHL 64, 40 SLR 64
Links:
Jurisdiction:
Scotland
Land
Updated: 14 July 2022; Ref: scu.630806