Rutco Incorporated v. Jamieson & Anor [2004] ScotCS 213 (07 September 2004)

Rutco Incorporated v. Jamieson & Anor [2004] ScotCS 213 (07 September 2004)

The pursuers' title is at least capable of being construed as including the Shank of Freoch, as the language of the disposition and the plan do not obviously and indubitably exclude it. There is sufficient ambiguity and scope for the pursuers' construction to be considered reasonable, and thus the title is habile for the purposes of prescription. The matter requires proof before answer.

Citation
[2004] ScotCS 213
Parties
Pursuer: Rutco Incorporated; Defender: Peter Lindsay Auldjo Jamieson & Another
Jurisdiction
Scotland
Judgment Date
07 September 2004
Procedural Posture
Civil / Procedure Roll (pleadings Debate)
Outcome
Proof before answer allowed in relation to the whole case.
Legal Topics
Construction of Title Deeds, Habile Title for Prescription, Interpretation of Plans and Descriptions, Exceptions in Dispositions
Property Law Conveyancing Prescription Construction of Title Deeds Habile Title for Prescription Interpretation of Plans and Descriptions Exceptions in Dispositions

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Parties

Rutco Incorporated

Pursuer

Peter Lindsay Auldjo Jamieson & Another

Defender

Procedural Posture

Civil / Procedure Roll (pleadings Debate)

Legal Issues

  1. 1 Whether the pursuers' title is habile to include the Shank of Freoch for the purposes of prescription
  2. 2 Proper construction of the 1961 reference Disposition and the founding Disposition
  3. 3 Effect of exceptions and plans in title deeds

Ratio Decidendi

The pursuers' title is at least capable of being construed as including the Shank of Freoch, as the language of the disposition and the plan do not obviously and indubitably exclude it. There is sufficient ambiguity and scope for the pursuers' construction to be considered reasonable, and thus the title is habile for the purposes of prescription. The matter requires proof before answer.

Court Disposition

Proof before answer allowed in relation to the whole case.

Orders

  • Proof before answer allowed.