A superior in granting feurights in the beginning of the century in what was then a small village, inserted as a condition of these rights a prohibition against the use of the buildings to be erected on the ground as public-houses; held ( rev. judgment of the Court of Session) that such a condition was neither null as being inconsistent with the right granted, nor unlawful as being contrary to public policy; and
Therefore (a) that although the village had become a populous place, and had adopted the General Police Act, the superior was entitled nevertheless to enforce the condition of the rights granted by him upon showing a patrimonial interest in doing so; and (b) That his right of superiority, by virtue of which the dominium utile of all the feus might return to him, the fact that he was proprietor of certain dwelling-houses in the town and of ground in the neighbourhood suitable for feuing, and the proximity of his own dwelling-house, constituted such a patrimonial interest.
Remit to the Court of Session to allow a proof of averment by the vassals as to acquiescence importing a discharge of the condition contained in their right.
Judges:
Lord Chancellor Selborne, Lords Black-Burn and Watson
Citations:
[1882] UKHL 680, 19 SLR 680
Links:
Jurisdiction:
Scotland
Land
Updated: 04 July 2022; Ref: scu.637740
