Appeal against a decision of the Lothian Valuation Appeal Committee
This was an appeal against a decision of the Lothian Valuation Appeal Committee dated 25 October 2006 which upheld the City of Edinburgh Council's restriction of the discount on Council Tax payable by the appellant on his property at 26 Cornhill Terrace, Edinburgh to 10%. The appellant claimed under paragraph 3 of the Council Tax (Discount for Unoccupied Dwellings) (Scotland) Regulations 2005 S.S.I. No. 51 that he should continue to receive a discount of 50% on the tax otherwise payable as he ha ...
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Judicial Review - Reduction of Entry in Land Regis
A dispute arose in relation to the ownership of a small area of disputed land in Gatehouse of Fleet. The petitioner has presented a petition for judicial review and sought declarator that (1) "the entries made by the Keeper are ultra vires, unlawful, void and of no effect", and (2) the making of these entries "breach the Petitioner's rights in terms of Article 6(1) and Article 1 of the First Protocol of the ECHR and that by making the entries in the manner complained of the [Keeper] acted contra ...
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Reclaiming Motion
This is a reclaiming motion against an interlocutor of the Lord Ordinary in an action of reduction whereby he reduced a Sheriff Court decree pronounced in absence on 4 February 1993. The relevant part of the Lord Ordinary's Interlocuter stated:- "The Sheriff, in absence, Found and Declared that the Pursuer [the present defender] has a Servitude of Access, both vehicular and pedestrian, over the road leading from the main road to her croft, as shown on the plan annexed and executed as relative to ...
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Appeal to Sheriff Principal following Debate
The parties to this action are adjoining proprietors of subjects in High Street, Dysart. The action concerns a dispute about an area of ground which gives access to both properties.The two properties served by the mutual access way were until 1989 held on the same title. They comprised one property on which was built the dwellinghouse presently owned and occupied by the defenders and appellants. In 1989 the then owner of the whole subjects sold the part of the subjects on which the appellants' d ...
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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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