Easement.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Servitude |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Allan v. Stewart | 1771 | Roads, Property, Servitude | Sheep drovers commonly used a road through the properties of pursuers Joseph Allan and Alexander Morton to get to a sheep fair in Kilbride. Allan and Morton wanted to mitigate or stop the use of this road for the passage of sheep. Allan and Morton insisted that the sheep-drivers had no right to use this road because there were other routes available. They specifically alleged that another road to the west of Allan and Morton, called the "peat-road," was a suitable path. Defenders John Stewart and James Stewart were heritors of the lands that included this peat-road. John and James Stewart maintained that the peat-road is private, not public. They also claimed that Allan and Morton could not summon them into this case as defenders because Allan and Morton had no legal interest in the peat-road. |
| Burrell v. Lord Glenlee's Interlocutor | 1798 | Proof, Interlocutor, Servitude, Property, Aliment, Lease | William George Burrell petitioned the Court of Session to alter an interlocutor issued by Lord Glenlee. Based on the single document cataloged for this case. |
| Duke of Atholl v. Robertson | 1797 | Contract, Servitude, Decreet-Arbitral, Interlocutor, Possession, Suspension | James Robertson petitioned the Court of Session to challenge a 1761 arbitral decree affirming the Duke of Atholl’s ownership of seven shealings, arguing that the underlying 1716 contract was void under statute and contrary to public interest. The Duke defended the contractual and arbitral rulings, maintaining his title to the forest lands while acknowledging that the decrees reserved limited pasturage rights to Lude under specified conditions. |
| Lord Provost and Magistrates of Edinburgh v. Brown | 1831 | Servitude, Property, Construction, Interdiction, Expenses, Disposition | The Lord Provost and Magistrates of Edinburgh, as pursuers, raised a summons of demolition and removal against James Brown, the defender, seeking to compel him to demolish structures erected within twenty-five feet of Saint Andrew's Church. Brown answered, arguing that the shed erected on his property did not constitute a "building" as defined in the servitude. He subsequently presented a reclaiming note asking the Court to alter Lord Medwyn's interlocutor regarding the shed's attachment to the Session-House wall. |
| Scott v. Steuart | 1795 | Interlocutor, Servitude, Property, Debt, Action, Arrestment | William Scott petitioned the Court to overturn an interlocutor of the Lord Justice Clerk regarding David Steuart. Steuart answered the procurator-fiscal's argument that his necessary-house constituted a public nuisance. Scott subsequently petitioned the Court to alter its recent interlocutor against Steuart concerning the latter's obligation to clean a ditch adjoining a public road. |
