Property – Conveyance – Dispositive Clause – Superior and Vassal – Mid-Superiority – Construction of Conveyance.
The terms of the dispositive clause in a disposition conveyed the superiority of the ‘whole lands and others . . which belonged to me [the disponer and my predecessors, and have been disponed by me or them to the Glasgow and South-Western Railway Company.’ Held that these words of conveyance were sufficient to carry to the disponee the superiority of all lands disponed to the railway company by the disponer without exception, and could not be controlled or modified by a reference made in another clause of the disposition to the antecedent agreement of parties.
A disponed to B the superiority of ‘all the lands and others, part of the estate of X,’ and which had belonged to A, and been conveyed to a purchaser, ‘being the lands and others particularly described in a writ of clare constat’ granted by A, as immediate lawful superior, in his own favour as heir of his predecessor in the property. The estates of property and superiority were never consolidated. Part of the lands conveyed to the purchaser was to be held by him of A, and a split therefore took place in respect of it, A holding the superiority of the lands conveyed, and also a mid-superiority between that superiority and the purchaser’s estate of fee. Held, on a construction of the conveyance, that the disposition to B of the superiority of the lands did not embrace this mid-superiority.
Judges:
Lord Chancellor, Lords Blackburn, Watson, and Fitzgerald
Citations:
[1883] UKHL 877, 20 SLR 877
Links:
Jurisdiction:
Scotland
Land
Updated: 30 June 2022; Ref: scu.636768