Robert Hill and Others against Stewart Wells Hill (Sheriff Court Civil) [2025] SCHAM 74 (15 September 2025)

Robert Hill and Others against Stewart Wells Hill (Sheriff Court Civil) [2025] SCHAM 74 (15 September 2025)

An action for division alone of heritable property is competent in Scots law; the pursuers' pleadings, after exclusion of certain insufficiently specific averments, are relevant and give fair notice. Matters of practical division are for the reporter following a remit, not for detailed averment by the pursuers.

Citation
[2025] SCHAM 74
Parties
Pursuer: Robert Hill; Pursuer: Linda Hill; Pursuer: Robert Hill and Linda Hill and Owen James Ness, as Trustees for the Lochview Trust and acting as Trustees under a Deed of Trust dated 6th December 2015; Defender: Stewart Wells Hill
Jurisdiction
Scotland
Judgment Date
15 September 2025
Procedural Posture
Civil (ordinary Cause) / Interlocutory Judgment on Preliminary Pleas
Outcome
Defender's first preliminary plea repelled; second preliminary plea sustained in part; certain averments excluded from probation; remit ordered to reporter; procedural and expenses hearings assigned.
Legal Topics
Division of Heritable Property, Common Ownership, Remit to Reporter, Pleading Requirements
Property Law Division of Heritable Property Common Ownership Remit to Reporter Pleading Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Robert Hill

Pursuer

Linda Hill

Pursuer

Robert Hill and Linda Hill and Owen James Ness, as Trustees for the Lochview Trust and acting as Trustees under a Deed of Trust dated 6th December 2015

Pursuer

Stewart Wells Hill

Defender

Procedural Posture

Civil (ordinary Cause) / Interlocutory Judgment on Preliminary Pleas

Legal Issues

  1. 1 Is an action for division alone (without crave for sale) of heritable property competent in Scots law?
  2. 2 Are the pursuers' pleadings relevant and sufficiently specific to give fair notice to the defender?

Ratio Decidendi

An action for division alone of heritable property is competent in Scots law; the pursuers' pleadings, after exclusion of certain insufficiently specific averments, are relevant and give fair notice. Matters of practical division are for the reporter following a remit, not for detailed averment by the pursuers.

Court Disposition

Defender's first preliminary plea repelled; second preliminary plea sustained in part; certain averments excluded from probation; remit ordered to reporter; procedural and expenses hearings assigned.

Orders

  • Repels defender's preliminary plea number 1 (incompetency).
  • Sustains defender's preliminary plea number 2 to the extent of excluding specified averments in pursuers' condescendence 3 from probation.