Introduction

An ‘improvement’ presupposes an asset which is improved. The obvious example is improvement to land or buildings by the construction of new works (an addition to a house, say, or a new building on land) or by repair, renovation or upgrading. Such work may be carried out by someone other than the owner of land in a variety of contexts: by a building contractor in implement of a contract with the owner of the land (a contract that may turn out to be void or unenforceable by the contractor for one reason or another); by the fiancé of the owner in anticipation of their marriage (which may not take place); by someone with a right of occupation of the land such as a tenant or life-renter; by someone who, though not the true owner of the land, believes that he is the owner. These are only some of the possible cases – and they are all capable of giving rise to questions for enrichment law.

This article examines how Scots law deals with some of the issues which arise when someone is enriched by improvements. The subject merits exploration in its own right. Recent important developments in Scottish enrichment law justify a reappraisal of the older texts.