Summers & Anor v Crichton [2000] ScotCS 302 (1 December 2000)

Summers & Anor v Crichton [2000] ScotCS 302 (1 December 2000)

The pursuers failed to prove, on the balance of probabilities, that a continuous south east wall of the mill lade existed along the line claimed, or that the defender's wall encroached on their property. The evidence and title descriptions did not support the pursuers' case for declarator of encroachment or the boundary line sought.

Citation
[2000] ScotCS 302
Parties
Pursuers: John William Summers and Another; Defender: Miss Joyce McDonald Crichton
Jurisdiction
Scotland
Judgment Date
01 December 2000
Procedural Posture
Civil (boundary Dispute) / Outer House, Court of Session – Opinion After Proof
Outcome
Action dismissed
Legal Topics
Boundary Disputes, Encroachment, Title Interpretation, Land Registration Vs. Sasine Titles, Obligations to Maintain Boundaries
Property Law Real Estate Land Registration Boundary Disputes Encroachment Title Interpretation Land Registration Vs. Sasine Titles Obligations to Maintain Boundaries

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Parties

John William Summers and Another

Pursuers

Miss Joyce McDonald Crichton

Defender

Procedural Posture

Civil (boundary Dispute) / Outer House, Court of Session – Opinion After Proof

Legal Issues

  1. 1 Whether the defender encroached on the pursuers' property by constructing a wall on their land
  2. 2 Proper determination of the boundary between the parties' properties based on title deeds and physical features

Ratio Decidendi

The pursuers failed to prove, on the balance of probabilities, that a continuous south east wall of the mill lade existed along the line claimed, or that the defender's wall encroached on their property. The evidence and title descriptions did not support the pursuers' case for declarator of encroachment or the boundary line sought.

Court Disposition

Action dismissed

Orders

  • Declarator of encroachment refused
  • No order for removal of wall