Date of Decision: 1772
Abstract: Petitioners, Forbes et al., are proprietors of feus (a type of land tenure) in the extended royalty of the city of Edinburgh. The properties at issue were located on Princes Street, George Street, Queen Street, and near St. Andrew's Square. Petitioners claim that the town council had imposed some sort of restrictive covenant, prohibiting construction south of Princes Street. This would give Petitioners an unobstructed view from their properties. Defenders Home et al. secured permission, apparently from the town council, to construct houses, warehouses, and other buildings south of Princes Street. Petitioners seek to enjoin the construction. Defenders argue that they have rightful permission to build based on a "grandfather clause" to the original owner of the property.
Subjects: Construction, Property

Published Report

Not Reported

People or Organizations Associated with Case

Advocate for Pursuer:
James Burnett
Alexander Gray
Advocate for Defender:
John Davidson