Commissioners for Harbour and Docks of Leith v. Provost, Magistrates, and Councillors of Leith [1911] ScotLR 919 (08 July 1911)

Commissioners for Harbour and Docks of Leith v. Provost, Magistrates, and Councillors of Leith [1911] ScotLR 919 (08 July 1911)

The boundary of the burgh of Leith is not fixed at the 1832 low water-mark but fluctuates with the actual low water-mark, whether altered by natural causes or artificial structures; artificial extensions become part of the burgh; a dredged channel in the open sea is not assessable as land and heritage as the pursuers are neither owners nor occupiers.

Citation
[1911] ScotLR 919
Parties
Pursuer: Commissioners for Harbour and Docks of Leith; Defender: Provost, Magistrates, and Councillors of Leith; Defender: Parish Council of Leith; Defender: County Council of Midlothian
Jurisdiction
Scotland
Judgment Date
08 July 1911
Procedural Posture
Civil / Appeal (reclaiming Note) From Lord Ordinary's Dismissal
Outcome
Appeal allowed; action dismissed; defenders assoilzied (absolved) from conclusions of the action.
Legal Topics
Burgh Boundaries, Shore Definition, Artificial Structures and Boundary Extension, Valuation of Land and Heritage, Jurisdiction Over Reclaimed Land
Administrative Law Property Law Local Government Law Burgh Boundaries Shore Definition Artificial Structures and Boundary Extension Valuation of Land and Heritage Jurisdiction Over Reclaimed Land

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Parties

Commissioners for Harbour and Docks of Leith

Pursuer

Provost, Magistrates, and Councillors of Leith

Defender

Parish Council of Leith

Defender

County Council of Midlothian

Defender

Procedural Posture

Civil / Appeal (reclaiming Note) From Lord Ordinary's Dismissal

Legal Issues

  1. 1 Whether the boundary of the burgh of Leith is fixed at the low water-mark as at 1832 or fluctuates with natural and artificial changes
  2. 2 Whether artificial structures built seaward of the 1832 low water-mark are within the burgh boundary
  3. 3 Whether a dredged channel below low water-mark is 'land and heritage' assessable under the Lands Valuation (Scotland) Act 1854

Ratio Decidendi

The boundary of the burgh of Leith is not fixed at the 1832 low water-mark but fluctuates with the actual low water-mark, whether altered by natural causes or artificial structures; artificial extensions become part of the burgh; a dredged channel in the open sea is not assessable as land and heritage as the pursuers are neither owners nor occupiers.

Court Disposition

Appeal allowed; action dismissed; defenders assoilzied (absolved) from conclusions of the action.

Orders

  • Lord Ordinary's interlocutor recalled
  • Defenders assoilzied from the conclusions of the action