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, Proof, Interlocutor, Heritor | 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. |
| Elisabeth Pierson v. Ninian Alexander | 1782 | Interdict, Adjudication, Servitude, Arrestment, Property, Burgh | This case was about a wall situated at the border of two adjoining properties in Dundee. One of the adjoining property owners, Ninian Alexander, began taking down a house on his lot, including the wall. In response, the other adjoining property owners, Elizabeth and Katharine Pierson, petitioned the dean of guild to enjoin Alexander's project. The dean of guild court ruled in Alexander’s favor, and the Piersons appealed to the Court of Session. While the case was pending in the Court of Session, the Lord Ordinary ordered Alexander not to proceed any further in taking down the house. However, the Piersons subsequently complained that contrary to the judge’s order, Alexander had continued to take down the house and wall. |
| 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. |
| Luke v. Anderson | 1765 | Servitude, Disposition, Debt, Adjudication, Succession, Sasine | Mrs Anne Luke and James Brisben, carpenter in London, pursued John Anderson and Patrick Robertson, merchants in Glasgow, for payment of the contract price. The pursuers argued that the defenders possessed no valid defence for refusing to pay, while the defenders maintained that the contract of sale had vested them with absolute property free of servitude. |
| 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. |
Documents discussing this subject (showing 100 of 113)
- Alexander M'Duff v. John Murray — Answers, 26 Feb 1793
- Alexander M'Ritchie v. Mrs Christian Pirnie — Information, 25 Feb 1819
- Alexander Macalister v. John Campbell and Others — 14 Jan 1834
- Allan v. Stewart — Memorial, 26 Jan 1773
- Allan v. Stewart — Petition, 18 Jun 1772
- Allan v. Stewart — Petition, 29 Jun 1773
- Alloa Brewery Company and Andrew Roy v. Thomas Thomson — Answers, 14 Feb 1815
- Andrew Henry v. John Clark — Answers, 2 Aug 1768
- Answers — Ans.—Mrs Christian Pirnie, to Pet.—Alexander Macritchie. Brodie & Imlach, W.S. Respondent's Agents
- APPENDIX. BOND of SERVITUDE by John Aitken to James Brown, dated 2d May 1853.
- APPENDIX. NO. I.—RECEIPT granted by Mr Daniel Taylor, the Petitioner’s Father, now deceased, to John Murray, Chimney Sweep, for the Rent of the Cellar in North James’s Street as a
- Archibald Martin v. Mrs Christian Howison and others — Condescendence
- Benjamin Mathie v. John Roberton, Andrew Wilson, Robert Halley, William Bogle, and others — Memorial, 17 Sep 1807
- Burrell v. Lord Glenlee's Interlocutor — Petition, 9 Feb 1798
- Charles Dickson and Mrs Euphan Reoch v. Walter Ferguson and Mrs Katharine Swinton — Answers, 5 Jun 1793
- Charles Duke of Queensberry and Others v. Edward Irving of Wiesbie and Others, Trustees appointed by the deceased John Irving of Bonshaw — Memorial, 1 Oct 1764
- Charles Elphinston v. The Provost and Magistrates of the borough of Linlithgow — Memorial, 22 Sep 1767
- Charles Scott v. William Calderwood — Information, 20 Feb 1776 [2]
- Complainers' Case — Revised Case for General Sir James Duff, of Kinstair, Richard Wharton Duff, Esquire, of Orton, and Stewart Souter, Esquire, of Melrose, Trustees of the late James Earl of Fife in the Conjoined Processes of Declarator, Division of…
- Daniel M'Kenzie v. Archibald Buchanan and Company — Information, 6 Sep 1792
- David Henderson of Stempster v. John Sinclair of Ulbster — Information, 4 Dec 1772
- David Hunter v. Magistrates of Dundee — 24 Jan 1840
- David Sim v. George Stewart and Daniel Fisher — Reclaiming Petition, 27 May 1826
- Dr Hugh Ferguson and Others v. Mrs Katharine Swinton — Information, 28 Jan 1796
- Duncan MacDougal, junior v. Robert Brown, junior — Replies
- Duncan Macdougall junior v. Robert Brown junior, Neil Marquis and James Marquis — Answers, 12 Nov 1808
- Duncan Macdougall junior v. Robert Brown junior, Niell Marquis, and James Marquis — Answers, 15 Feb 1810
- Duncan Turner v. James Brown — Condescendence and Answers, 15 Dec 1858 [2]
- Duncan Turner v. James Brown — Reclaiming Note, 15 Mar 1859 [2]
- Duncan Turner v. James Brown — Reclaiming Note, 20 Apr 1859
- Elisabeth Pierson and Katharine Pierson v. Ninian Alexander — Answers, 13 Dec 1782
- Elizabeth Pierson and Katharine Pierson v. Ninian Alexander — Replies, 2 Jan 1783
- EXPLANATION of the foregoing Vidimus of ACCOUNT between Michael Macmillan and John White.
- General Greme's Trustees v. Thomas Bruce — Duplies, 18 Apr 1799
- George Rodgers and Others v. Thomas Harvie — Note, 17 Dec 1829
- George Rodgers v. Thomas Harvie — Report, 14 Nov 1829
- George Steele v. John Crokat — Information, 15 Jan 1790 [2]
- Gideon Gray v. Archibald Seton — Answers, 4 Dec 1788
- Hislop — Petition, 22 May 1795
- Hugh M'Kean v. James Morris — Reclaiming Note, 17 Jun 1829
- II.—CONDESCENDENCE for Pursuer, and ANSWERS thereto for DEFENDERS.
- James Anderson and Others v. Robert Saunders — Answers, 3 Jun 1829
- James Anderson and Others v. Robert Saunders — Case, 24 Feb 1831
- James Anderson v. Robert Saunders — Answers, 3 Jun 1829
- James Anderson, Alexander Fiddes and Alexander Cuninghame v. Robert Saunders — Condescendence
- James Aytoun v. Magistrates of Kirkaldy and Beveridge's Trustees — Reclaiming Note, 8 Mar 1833
- James Davidson v. George Darsie, senior, &c. — Replies, 30 Mar 1840 [2]
- James Lumsden v. Trustees of the late James Earl of Fife — Condescendence, 17 Jan 1846 [2]
- James M'Millan v. Alexander Palmer — Information, 19 Feb 1794
- James Robertson v. Duke of Atholl — Answers
- James Robertson v. John Duke of Atholl — Answers
- James Saunders and John Galletly v. David Hunter — Answers, 5 Feb 1829
- James Saunders and John Galletly v. William Reid and David Hunter — Bill of Advocation, 26 Mar 1828
- James Taylor v. Thomas Beveridge — Answers, 3 Jan 1822
- James Webster against Trustees of the late David Millar — Revised Case, 10 Mar 1827
- James Webster v. Trustees of the late David Millar and David Hood — Complainers' Case
- John Anderson and Patrick Robertson v. Anne Luke and James Brisbane Wright — Memorial, 28 Feb 1765
- John Brown of Glaff-well v. James Donald — Answers, 24 Oct 1770
- John Clark v. Archibald, Duke of Hamilton and Brandon and Alexander, Marquis of Douglas and Clydesdale — Answers, 6 Dec 1814
- John Grant of Rothmaise v. John Lumsden of Clatt — Memorial, 12 Nov 1776 [2]
- John Hay v. The Edinburgh Water Company and Alexander Ramsay — Answers, 12 Dec 1849
- John Learmonth, Esquire, Messrs Learmonth and Company, and Alexander Russel, Coach-maker v. Trustees of the late Alexander Walker — Answers, 10 May 1823
- John Lumsden of Clatt v. John Grant of Rothmaife — Answers, 24 Jul 1777 [2]
- Joseph Knight v. John Wedderburn of Ballendean — Information, 6 Feb 1777
- Joseph Knight v. John Wedderburn — Information, 4 Jul 1775 [2]
- LC Volume 03 — Petition, 26 Jan 1808 [2]
- LC Volume 04 — Petition, 21 May 1808 [2]
- LC Volume 04 — Petition, 26 Jan 1808 [2]
- LC Volume 04 — Petition, 31 Jan 1810 [2]
- LC Volume 04 — Replies [2]
- Magistrates — Answers, 23 Feb 1796
- Margaret Scott of Kilearn v. James Buchanan of Carstoun — Information, 15 Nov 1762
- Mathie v. McIntyre — Petition, 8 Dec 1789
- Mrs Anne Luke and James Brisben v. John Anderson and Patrick Robertson — Memorial, 25 Feb 1765
- Mrs Christian Pirnie v. Alex. MacRitchie — Information, 18 Feb 1819
- Patrick Bell v. The Magistrates and Town-Council of Glasgow — Answers, 18 Jul 1776
- Petition — A. M'RITCHIE against Inner-House Interlocutor
- Petition — Alex. Walker's Trustees against Lord Meadowbank's Interlocutors [3]
- Petition — Alexander Bowie against Lord Eldin's Interlocutor
- Petition — Alexander Simpson against Executor of Lord Dunsinnan, Ordinary on the Bills
- Petition — Archibald Martin against Lord Pitmilly's Interlocutor
- Petition — Charles Dickson against Lord Dreghorn's Interlocutor
- Petition — February 10, 1815. Pet.—Duke of Hamilton against Inner-House Interlocutor
- Petition — John Cadell, Esq; of Cockenzie, and others, Purchasers of the first and second Lots of the Barony of Tranent
- Petition — Michael Rowand, Esq. against Inner-House Interlocutor [2]
- Petition — Petition, Alloa Brewery Co. against Lord Alloway's Interlocutor
- Petition — W. Davidson, Esq. against Lord Pitmilly's Interlocutor
- Provost and Bailies of the borough of Linlithgow, and others v. Charles Elphingston — Answers, 17 Dec 1767
- Reclaiming Note, James Brown against Lord Medwyn's Interlocutor
- Reclaiming Note, Thomas Thomson, & the Earl of Kintore against Lord Newton's Interlocutor
- Reclaiming Petition — Archibald Farquharson, Esq. against Lord Meadowbank's Interlocutor
- Reclaiming Petition — David Hunter, Esquire, of Blackness, in the Conjoined Processes of Suspension and Interdict and Declarator, the Magistrates of Dundee against the said David Hunter, et e contra
- Reclaiming Petition — Richard Allan, Butcher in Kelso
- Robert Anderson v. John Cullen — Petition, 5 Jul 1849
- Robert Farquhar v. James Morison — Information, 6 Dec 1769
- Robertson v. Inner-House Interlocutor — Petition, 17 May 1797
- Scott — Petition, 12 Jun 1795
- Sir Michael Stewart of Blackhall, Baronet, and Mrs Anne Cuninghame v. David Neil — Information, 22 Feb 1774
- The Lord Provost and Magistrates of the City of Edinburgh v. James Brown — Summons, 16 May 1831
- The Right Honourable the Lord Provost and Magistrates of the City of Edinburgh v. James Brown — Defences, 31 May 1831
