(Scotland) Joint pro indiviso proprietors of land were not able at law to create a binding lease in favour of one of their number, so as to defeat the proper claims of a third party. A person cannot enter into a contract with himself.
Held: The appellant was not able to assert his rights as an agricultural tenant so as to defeat the rights of the bank as mortgagee.
Judges:
Lord Goff of Chieveley, Lord Jauncey of Tullichettle, Lord Lloyd of Berwick, Lord Hope of Craighead, Lord Clyde
Citations:
Times 20-Dec-1997, [1997] UKHL 55
Links:
Statutes:
Agricultural Holdings (Scotland) Act 1991
Jurisdiction:
England and Wales
Citing:
Cited – Price v Watson 1951
One pro indiviso proprietor of heritable property sought summarily to eject other pro indiviso proprietors from part of the property.
Held: Lord Keith doubted the need to sist the action of ejection: ‘That it can be used against a co-owner who . .
Distinguished – Pinkerton v Pinkerton OHCS 1986
An agreement by A to let a farm to himself, his wife and two sons was a valid lease which gave security of tenure. the Landlord and tenant were sufficiently different for a valid agreement between them to be possible. . .
Cited – Church of Scotland Endowment Committee v Provident Association of London Ltd 1914
. .
Cited by:
Cited – Jacobs v Official Receiver; In re Jacobs (a bankrupt) ChD 3-Apr-1998
The bankrupt was due to have his automatic discharge, but the Official Receiver applied on the day before for the discharge for an interim suspension of the discharge to allow consideration of his alleged lack of co-operation. The bankrupt said the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Scotland, Agriculture, Contract
Updated: 23 May 2022; Ref: scu.135193