Inner House: Appeal; The pursuers were the owners of a linolium factory. They agreed to sell surplus land at their factory site to the defenders. The defenders obtained permission for developement of a supermarket over the Subjects of an adjoining site owned by Fife Enterprise. Appeal of decision by Lord Ordinary determining the nature of the title to be given by the pursuers to the defenders in terms of clause 10 of the missives. Interpretation of missives. Disputed: whether the wording of clau ...
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Reparation: Action for damages. The pursuers were an investment company. Their primary shareholder, Mr Houlgate had been introduced to a fraudster, John M. Cameron. Mr Cameron illicited funds from the pursuers for investment in a company called Securimax. When he invited the pursuers to invest £500,000 in the company, the pursuers required security for the loan. Mr Cameron advised that he owned a property called Balbuthie Farm. The true owner of the property was a Mr John Bell Cameron. Mr J.M.Ca ...
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The Pursuers brought an appeal by summary application under Section 14 of the Land Reform (Scotland) Act 2003 against a notice served on them by the Defenders as local planning authority. The notice required the Pursuers to remove a section of fence and hedge from their property to allow a gap of no less than 2 metres. The Pursuers maintained that the fence, which was erected in 2004, did not interfere with any access rights as it had been erected before the relevant part of the 2003 A ...
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This case is related to the decision in Snowie v Stirling Council and The Ramblers Association (Sheriff A Cubie, Stirling Sheriff Court – 23rd April 2008). The Pursuers in this case lived at the West Lodge on Boquhan Estate. Over a period of years, many pedestrians had taken access to the Estate. There were two sets of gates allowing access to the Estate, both for vehicles and pedestrians. In 2003 one set of pedestrian gates was locked. The owners of the Estate, the Snowies, were the key h ...
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The Pursuers were the heritable proprietors of Boquhan Estate in Kippen. Over a period of years, many pedestrians had taken access to the Estate. There were two sets of gates allowing access to the Estate, both for vehicles and pedestrians. In 2003 one set of pedestrian gates was locked. The First Defenders, Stirling Council, received complaints about this but, despite discussions, the Pursuers refused to open the gates. In 2006 the first Defenders issued the Pursuers with a written notice alleg ...
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Appeal from the Sheriff Court:- This action related to a boundary dispute between neighbouring proprietors in Stirlingshire. The pursuer raised an action in the sheriff court for decree ordaining the defender to uplift and remove all building materials in the disputed area and interdict to prevent him from entering into the disputed area to carry out any building works. The defenders lodged a counterclaim which contained a number of craves including declarator that the defender was the heritable ...
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Appeal – Action for Interdict - Title and Interest to enforce Title Conditions - Title Conditions (Scotland) Act 2003 Section 8(3)(a) The Pursuers/Appellants raised an action for an interdict against the Defender/Respondent, their neighbour in a small rural housing development. The parties' titles were all subject to burdens and conditions specified in a Deed of Conditions. Condition Third provided that each property "shall be used and occupied by the proprietors as a domestic dw ...
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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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