The pursuers sought to assert a right to abandon a lease of a salmon fishery at Tents Moor. A danger zone had been created by the Air Council which included the area comprised, and it had become impossible for anyone to use the land.
Held: Two grounds of judgment were put forward, eviction and rei interitus. Entire estates can be overblown with sand for centuries and so fall subject to the rei interitus doctrine of the civil law. There was not actual destruction, but there was constructive total destruction. The the law applicable to physical or actual rei interitus was extended to constructive total destruction.
Judges:
Lord President Clyde
Citations:
[1929] ScotCS CSIH – 4
Links:
Cited by:
Applied – Mackeson v Boyd SCS 7-Nov-1941
The pursuer had taken a lease of a furnished country residence but came to be able to occupy a small part of the property, after the main residence was requisitioned for the war effort.
Held: Speedie’s casedid apply, and: ‘ the tests to be . .
Lists of cited by and citing cases may be incomplete.
Scotland, Landlord and Tenant
Updated: 21 July 2022; Ref: scu.279355