Superior and Vassal – Restrictions in Feu Charter – Right of Co-feuar to Insist for Enforcement of Obligation imposed by a Common Superior
In order to give one feuar right to insist against another feuar holding of the same superior for the enforcement of restrictions upon building imposed by the superior, there must be an undertaking by the superior to insert the same or similar restrictions in all feus given out by him, or a reference to a common building plan, or an agreement among the feuars themselves; otherwise there is no mutuality of rights and obligations among the feuars, and no one can enforce against another the restrictions contained in the feucharter.
Terms of a charter and circumstances which were held (rev. judgment of the Second Division) insufficient to bring a case under any of these categories.
Held (rev. judgment of the Second Division) that where the party bringing an action has no title to sue, this defective instance cannot be cured by obtaining the consent and concurrence of the person who has alone the right of action.
Judges:
Lord Chancellor Selborne, Lords Blackburn and Watson
Citations:
[1881] UKHL 571, (1881) 8 R (HL) 95, 19 SLR 571
Links:
Jurisdiction:
Scotland
Land
Updated: 28 June 2022; Ref: scu.636796