A lease was granted expressed to be ‘perpetually and continually as long as the grass groweth up and the water runneth down’. The grantor died and his heir sought to remove the tenant on the ground that the lease did not say when it was to come to an end.
Held: His claim failed because the court found that ‘by the meaning of [the] parties the contract was intended to be a perpetual right to the tenant and his successors’. This did not meet the requirements of the 1449 Act, and it was admitted that the tenant would not have been able to enjoy that right in a question with a singular successor of the grantor . . But the personal right against the heir under the contract was not affected.
Citations:
1717 Mor 15195
Cited by:
Cited – Berrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .
Lists of cited by and citing cases may be incomplete.
Scotland, Landlord and Tenant
Updated: 04 May 2022; Ref: scu.448476
