William Lord Falconer, of Halkerton v Robert Taylor, David Beattie, Christian Low The Widow, and James Low The Son of John Low, and Others, Tenants Upon The ‘S Estate, In Kincardineshire: HL 7 Apr 1775

Lease – Ambiguous Clause – Parole Proof.- Construction of clause in lease for 57 years, to renounce at the end of every 19 years, in the option of lessor and lessee. Held, this not to import an option, to be exercised by the landlord alone, without the consent of the tenant. But reversed in House of Lords, and remitted to the Court of Session, to take proof of what was the understanding of the parties on entering into the lease, the clause itself being ambiguous.

[1775] UKHL 2 – Paton – 373
Bailii
Scotland

Landlord and Tenant

Updated: 13 January 2022; Ref: scu.561832