Miller v Smith and others

Land law – 'Improper liferent' – Effect of personal right on subsequent transactions. Sheriff Appeal Court: Refusing an appeal in an action in which the appellant, who averred that she and her late husband had provided part of the purchase price for the third respondent's purchase of a property which was then transferred by a series of dispositions inter family to the first respondent, and that they had resided in the property under 'improper liferent', sought reduction of the dispositions, relying on the 'offside goals' rule on the basis of the respondents' admitted knowledge of the agreement, the court held that the sheriff was correct to dismiss that action: where the agreement with the appellant and her late husband only established a personal right between the appellant and the third respondent that did not give a basis to reduce the subsequent dispositions, granted by the fourth and second respondent, because the personal right against the third respondent was enforceable only against him and did not, even where the subsequent transactions were not for value, give the appellant the right to reduce those transactions.

Category: