Magistrates of Musselburgh v. Musselburgh Real Estate Co., Ltd [1904] ScotLR 42_247 (21 December 1904)

A boundary described as 'by the sea-beach' in the feu-charter excludes the foreshore, confining the defenders' property to ordinary high-water mark and not extending to the foreshore; the terms of the deed and surrounding circumstances indicate the granter did not intend to convey the foreshore.

Citation: [1904] ScotLR 42_247
Parties: Pursuer: Magistrates of Musselburgh; Defender: Musselburgh Real Estate Company, Limited
Jurisdiction: Scotland
Judgment Date: 21 December 1904
Procedural Posture: Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome: Appeal dismissed; interlocutor adhered to
Legal Topics: Boundaries, Foreshore Ownership, Feu Charter Interpretation, Superior and Vassal Rights

Property Law Boundaries Foreshore Ownership Feu Charter Interpretation Superior and Vassal Rights

Case Brief

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Parties

Magistrates of Musselburgh

Pursuer

Musselburgh Real Estate Company, Limited

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

1 Does a boundary described as 'by the sea-beach' in a feu-charter include the foreshore?
2 Did the defenders acquire property in the foreshore ex adverso Mackinlay Park under their title?

Ratio Decidendi

Court Disposition

Appeal dismissed; interlocutor adhered to

Orders

Declarator granted that the pursuers have sole and exclusive right, title to, and property in the foreshore ex adverso Mackinlay Park
Defenders' claim to foreshore rejected