Action of Division and Sale
This action relates to a hearing on a Report by Andrew Rettie FRICS, a partner in Strutt & Parker, in an action of division and sale. The particular dispute before the Court raised an issue as to the capacity in which a Reporter, appointed by the Court in terms of Rule of Court 45, acts when he conducts the sale of heritable property. By an interlocutor dated 12 May 2004, the Reporter was appointed to conduct the sale of Ardpatrick Estate, Argyll. Edan, Damon and Alistair Kenneil, who were respe ...
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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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