Bruce v. Corporation of Glasgow [1903] ScotLR 41_61 (12 November 1903)

Bruce v. Corporation of Glasgow [1903] ScotLR 41_61 (12 November 1903)

A private lane cannot be converted into a public street by mere entry in the register without compliance with the statutory procedure, including notice and opportunity to be heard for proprietors; the Corporation's actions in removing gates and railings were unlawful, and the pursuers' property rights remain unaffected.

Citation
[1903] ScotLR 41_61
Parties
Pursuers/respondents: John Wilson Bruce and Mrs Ada Maud Davis or Bruce; Defenders/reclaimers: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
12 November 1903
Procedural Posture
Action of Declarator and Interdict / Inner House, Second Division, on Reclaiming Motion
Outcome
Decree of declarator and interdict granted in favour of the pursuers; damages awarded; interlocutor of Lord Ordinary adhered to.
Legal Topics
Conversion of Private Lane to Public Street, Statutory Procedure for Public Street Registration, Property Rights of Feuars, Interdict Against Municipal Interference
Property Law Administrative Law Local Government Law Conversion of Private Lane to Public Street Statutory Procedure for Public Street Registration Property Rights of Feuars Interdict Against Municipal Interference

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Parties

John Wilson Bruce and Mrs Ada Maud Davis or Bruce

Pursuers/respondents

Corporation of the City of Glasgow

Defenders/reclaimers

Procedural Posture

Action of Declarator and Interdict / Inner House, Second Division, on Reclaiming Motion

Legal Issues

  1. 1 Whether a private lane can be converted into a public street by mere entry in the register without statutory procedure and notice to proprietors
  2. 2 Whether the Corporation of Glasgow was entitled to remove gates and railings from the lane
  3. 3 Whether the pursuers acquiesced in the Corporation's actions

Ratio Decidendi

A private lane cannot be converted into a public street by mere entry in the register without compliance with the statutory procedure, including notice and opportunity to be heard for proprietors; the Corporation's actions in removing gates and railings were unlawful, and the pursuers' property rights remain unaffected.

Court Disposition

Decree of declarator and interdict granted in favour of the pursuers; damages awarded; interlocutor of Lord Ordinary adhered to.

Orders

  • Declarator of pursuers' property rights in the lane
  • Interdict against the Corporation from interfering with the lane