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Heritable property – Landlord and tenant – Right of severance of fixtures which had acceded to heritable estate. Court of Session: In a dispute as to the ownership of a chalet, the heritable proprietor of an estate having granted a lease of a portion of the estate, including the solum on which the chalet was subsequently built, and the defender being the assignee of a right of property in the chalet, it being agreed that the chalet had acceded to the heritable property owned by the pursuer by operation of law, the court held that the defender had a right of severance of the chalet and repelled the pursuer's pleas in law seeking declarator that she was the heritable proprietor of it and interdict against the defender from dismantling or removing it.
Heritable property – Landlord and tenant – Right of severance of fixtures which had acceded to heritable estate. Court of Session: In a dispute as to the ownership of a chalet, the heritable proprietor of an estate having granted a lease of a portion of the estate, including the solum on which the chalet was subsequently built, and the defender being the assignee of a right of property in the chalet, it being agreed that the chalet had acceded to the heritable property owned by the pursuer by operation of law, the court held that the defender had a right of severance of the chalet and repelled the pursuer's pleas in law seeking declarator that she was the heritable proprietor of it and interdict against the defender from dismantling or removing it.
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