BP Oil Ltd v Caledonian Heritable Estates Ltd
BP Oil Ltd v Caledonian Heritable Estates Ltd
- 1990
- Scots Law Times 1990 SLT 114-116(3) .
Outer House 5 October 1988. In 1977 the British Railways Board (BR) entered into a 20 year lease with tenants (BP). Clause 4 of the lease provided that the tenants should erect only a petrol filling station and use the site for no other purpose. Clause 18 granted to BR the right of irritancy should clause 4 be broken. In 1978 planning permission was obtained by BP for use of the site as car display and sales area. Through an oversight BR`s consent was not obtained to this contravention of Clause 4. The oversight was disclosed in 1982 when BR agreed to the change of use only until they disposed of the subject. In 1985 the subject was sold to CH who objected to the change of use and threatened to irritate the lease if the car sales did not cease. BP brought an action against CH stating that a variation in use had been agreed in 1982. The court decided that the original agreement in 1982 was personal between BR and BP and was not binding on CH.
Outer House 5 October 1988. In 1977 the British Railways Board (BR) entered into a 20 year lease with tenants (BP). Clause 4 of the lease provided that the tenants should erect only a petrol filling station and use the site for no other purpose. Clause 18 granted to BR the right of irritancy should clause 4 be broken. In 1978 planning permission was obtained by BP for use of the site as car display and sales area. Through an oversight BR`s consent was not obtained to this contravention of Clause 4. The oversight was disclosed in 1982 when BR agreed to the change of use only until they disposed of the subject. In 1985 the subject was sold to CH who objected to the change of use and threatened to irritate the lease if the car sales did not cease. BP brought an action against CH stating that a variation in use had been agreed in 1982. The court decided that the original agreement in 1982 was personal between BR and BP and was not binding on CH.