Anderson's Trustees v. Gardiner [1903] ScotLR 40_775 (10 July 1903)

Anderson's Trustees v. Gardiner [1903] ScotLR 40_775 (10 July 1903)

No question of heritable right or competing title was raised sufficient to exclude the Dean of Guild's jurisdiction. The objector's rights are limited to use and access, not ownership, and the Dean of Guild can determine the impact of the proposed works on these rights.

Citation
[1903] ScotLR 40_775
Parties
Petitioners and Appellants: Anderson's Trustees; Objector and Respondent: Hugh Hutcheson Gardiner
Jurisdiction
Scotland
Judgment Date
10 July 1903
Procedural Posture
Appeal From Dean of Guild Court Decision / Inner House, Second Division, Court of Session
Outcome
Appeal sustained; interlocutor of Dean of Guild recalled; first plea-in-law for objector repelled; case remitted to Dean of Guild to proceed.
Legal Topics
Dean of Guild Jurisdiction, Heritable Right, Common Property, Servitude, Title to Property
Property Law Civil Procedure Dean of Guild Jurisdiction Heritable Right Common Property Servitude Title to Property

Case Brief

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Parties

Anderson's Trustees

Petitioners and Appellants

Hugh Hutcheson Gardiner

Objector and Respondent

Procedural Posture

Appeal From Dean of Guild Court Decision / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether the Dean of Guild Court has jurisdiction where a question of heritable right is alleged
  2. 2 Whether the objector's averments raise a question of property sufficient to oust the Dean of Guild's jurisdiction

Ratio Decidendi

No question of heritable right or competing title was raised sufficient to exclude the Dean of Guild's jurisdiction. The objector's rights are limited to use and access, not ownership, and the Dean of Guild can determine the impact of the proposed works on these rights.

Court Disposition

Appeal sustained; interlocutor of Dean of Guild recalled; first plea-in-law for objector repelled; case remitted to Dean of Guild to proceed.

Orders

  • Recall the interlocutor appealed against.
  • Repel the first plea-in-law for the objector.