David Gary Adam and another against Sandra McKinnon and another (Sheriff Court Civil) [2025] SCSTRAN 68 (09 September 2025)

David Gary Adam and another against Sandra McKinnon and another (Sheriff Court Civil) [2025] SCSTRAN 68 (09 September 2025)

The court found that the legal boundaries are as per the Land Register title plans, with the medium filum of the northern wall of the archway forming the boundary between Merton Stables and The Barn, and the external elevation of the northern wall belonging to the pursuers. The boundary between Drumjin Wood and The Barn is the stone retaining wall. The defenders' woodstore encroached on the pursuers' property, and the defenders interfered with the boundary fence. The pursuers' title to the disputed land is exempt from challenge due to continuous possession. The defenders have no servitude right of support or use of the woodshed wall. The court also ruled on the admissibility of expert...

Citation
[2025] SCSTRAN 68
Parties
Pursuer: David Gary Adam; Pursuer: Sally Adam; First Defender: Sandra McKinnon; Second Defender: Robert McLeman
Jurisdiction
Scotland
Judgment Date
09 September 2025
Procedural Posture
Civil / Judgment After Proof Before Answer
Outcome
Declarator granted in favour of pursuers on boundary and ownership issues; orders for removal and reinstatement granted; further submissions required on expenses.
Legal Topics
Boundary Disputes, Heritable Property, Servitude Rights, Title Interpretation, Encroachment, Admissibility of Expert Evidence
Property Law Civil Procedure Boundary Disputes Heritable Property Servitude Rights Title Interpretation Encroachment Admissibility of Expert Evidence

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Parties

David Gary Adam

Pursuer

Sally Adam

Pursuer

Sandra McKinnon

First Defender

Robert McLeman

Second Defender

Procedural Posture

Civil / Judgment After Proof Before Answer

Legal Issues

  1. 1 Determination of legal boundaries between Merton Stables, The Barn, and Drumjin Wood
  2. 2 Ownership of external elevation of the northern wall of the archway
  3. 3 Boundary demarcation between Drumjin Wood and The Barn

Ratio Decidendi

The court found that the legal boundaries are as per the Land Register title plans, with the medium filum of the northern wall of the archway forming the boundary between Merton Stables and The Barn, and the external elevation of the northern wall belonging to the pursuers. The boundary between Drumjin Wood and The Barn is the stone retaining wall. The defenders' woodstore encroached on the pursuers' property, and the defenders interfered with the boundary fence. The pursuers' title to the disputed land is exempt from challenge due to continuous possession. The defenders have no servitude right of support or use of the woodshed wall. The court also ruled on the admissibility of expert...

Court Disposition

Declarator granted in favour of pursuers on boundary and ownership issues; orders for removal and reinstatement granted; further submissions required on expenses.

Orders

  • First defender to remove post and string fence and waste materials from Drumjin Wood within 28 days
  • First defender to remove structure affixed to woodshed wall within 28 days