Case Summaries Up To December 2005
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By Euan A. Dow on 23/12/2005 00:00
Property-Servitude Right of Access - Appeal to She
A dispute arose between neighbouring proprietors following the Respondents erecting various obstructions on the footpath belonging to them on the south side of the Appellants' property. The appellants sought an interdict, interdicting the respondents from building on, obstructing or occupying these common areas so as to impede the appellants' rights of pedestrian and vehicular access and nterim interdict. The Sheriff at first instance held that:- 1) there was no primae facia case and 2) esto the ...
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