Reclaiming Motion:- Here the defender enrolled the reclaiming motion against an interlocutor of the Lord Ordinary in which, following the hearing of a debate on the Procedure Roll, the Lord Ordinary allowed a proof before answer. In the case the pursuers seeks the costs of preventative measures to obviate an alleged risk of a similar landslip or erosion affecting the pursuers' garden ground in the event of future spates. It is claimed by the pursuers that the landslips or erosion which have occu ...
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Reclaiming motion – Right of servitude/positive prescription. Appealed against interlocutor of Lord Ordinary at Proof before Answer in favour of servitude right of defender. Unbuilt ground beside warehouse had previously been used as a car park. Defender purchased this ground in 2003. Costly permanent vehicular access had been built by predecessors of defenders. Court considered that much of decision founded upon actions of predecessors of both pursuers and defender ...
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Motion for Recall of Interim Interdict:- On 24 August 2006, interim interdict was granted, interdicting the defenders or anyone on their behalf from proceeding to carry out certain structural work to the common stair of the tenement building 53 Murray Place, Stirling. The dispute arose from proposals to carry out structural work in the common stair of the property by the defenders who were the proprietors of the top left flat and the top right flat in the tenement. The pursuers were the propriet ...
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Motion for Summary Decree
The pursuers entered into a contract with the first defender for them to construct and sell to the pursuers a house at Blinkbonnie, Rockliffe, Dalbeattie. The first defender then contracted with an architect, whose duties included inspection of the construction work at certain stages, and issuing certificates. As a result of snagging issues, the pursuers moved out. They sold the house to other purchasers at a price of £240,000. They raised the action here seeking to recover damages from the defe ...
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The pursuers purchased property comprising a tenement block in Dundee. A dispute arose as to what exactly comprised the subjects purchased by the pursuers and in particular whether the ground floor and basement premises were included within the sale. The court considered the missives concluded between the parties and the proper construction of these. The defenders lodged a counterclaim and the court examined questions of relevancy of the counterclaim.
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Proof
The pursuers had craves for declarator, interdict and damages in respect of a in-filled land fill site adjacent to their property that caused water to flood their land and access roadway. The defenders averred that there was no natural drainage from the pursuers' field onto the defender's land, the two areas being almost level, before infilling. The defenders attributed the pursuers' flooding problems to the construction by them of an access road close to the boundary between the two properties ...
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Procedure Roll - Accession
An agreement dated 12 and 26 March 2004 was entered into between the parties in terms of which the pursuers were to have actual vacant possession of the subjects on 26 March 2004. Prior to the date of the agreement the fields had been planted with winter wheat and barley. At about the time the subjects were purchased by the pursuers the defender sought to enter into an agricultural licence, whereby he was entitled to remove the crops in the fields. The pursuers refused to agree to such a licence ...
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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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