Victories for tenants?

Fox, Alasdair G.

Victories for tenants? - 2006 - Journal of the Law Society of Scotland 51(9) September, 40(1) .

Examines two recent decisions that have broken new ground on the legal position of joint tenancies of agricultural holdings in Scotland: "Stephen v Trustees of Cawdor Marriage Settlement Trust" and "Salvesen v Graham". They also throw new light on the circumstances in which an interest in a joint tenancy remains in being. In "Stephen" it was found that an interest which had already been extinguished was not available to be terminated at a later date. In "Graham" it was concluded that a tenancy in common is a single tenancy and that the joint tenants form a single entity. Both cases are now subject to appeal.


SUCCESSION (SCOTLAND) ACT 1964
STEPHEN V TRUSTEES OF CAWDOR MARRIAGE SETTLEMENT TRUST
SALVESEN V GRAHAM
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991
SMITH V GRAYTON ESTATES LTD
COATS V LOGAN


Scotland--1999-