Montgomery, And Others, Trustees of The Late Duke of Queensberry v Charteris, Earl of Wemyss: PC 10 Dec 1813

Entail, with prohibition against alienation, properly fortified with irritant and resolutive clauses, followed by a permissive clause to let life-rent tacks without diminution of the rental. No specific prohibition against letting of leases, except as above. A lease granted by heir of entail, for 97 years, taking a grassum, or fine. Held that this lease fell under the prohibition against alienation.

Citations:

[1813] EngR 692, (1813) 2 Dow PC 90, (1813) 3 ER 798

Links:

Commonlii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 02 May 2022; Ref: scu.338457