Porter v Campbell’s Trustees and Others: HL 23 Jul 1923

A feucontract relating to a piece of ground upon which one of the houses in a terrace was built contained a clause binding the feuar to build on the steading of ground feued ‘a self-contained lodging . . and thereafter to maintain and uphold in good condition, . . and to rebuild . . the same if and when necessary of the same height, elevation, and outward style of architecture . . with the said lodging: . . Declaring that in construing the preceding clause with reference to the erection or rebuilding of said lodging it shall be read so that the external architecture . . shall correspond in all respects with the architecture of the rest of the terrace and shall line with steading number one of the said terrace. . . ‘ These conditions and restrictions were declared to be real burdens upon the ground in question. The proprietor of a house upon the steading having proposed to make certain alterations on the house, then in single occupation, which while not in any way affecting its external structure or elevation, would allow of its being occupied by four separate families, objection was taken by the proprietor of the adjoining house and also by the superior. Held ( aff. the judgment of the Second Division) that the proposed alterations, which affected merely the internal structure of the house, did not involve a contravention of the restriction in the feucontract, and appeal dismissed.

Viscount Haldane, Lord Atkinson, Lord Shaw, and Lord Parmoor
[1923] UKHL 630, 60 SLR 630


Updated: 22 January 2022; Ref: scu.633266