Robin Alexander Lovie Falconer against Garry Neil George and another (Sheriff Court Civil) [2025] SCELG 96 (07 January 2022)

Robin Alexander Lovie Falconer against Garry Neil George and another (Sheriff Court Civil) [2025] SCELG 96 (07 January 2022)

The pursuer established prima facie title to the land by virtue of a recorded disposition and long possession. The defenders had no right or title to occupy the plot, no concluded contract existed, and no permission was given for occupation. The first defender's counterclaim lacked legal foundation. The pursuer is entitled to decree of ejection and expenses.

Citation
[2025] SCELG 96
Parties
Pursuer: Robin Alexander Lovie Falconer; First Defender: Garry Neil George; Second Defender: The Occupiers
Jurisdiction
Scotland
Judgment Date
07 January 2022
Procedural Posture
Summary Application for Ejection / Judgment After Proof
Outcome
Decree of ejection granted in favour of the pursuer; counterclaim dismissed; first defender found liable in expenses.
Legal Topics
Ejection, Heritable Property, Title to Land, Possession, Counterclaim, Summary Cause Procedure
Property Law Civil Procedure Ejection Heritable Property Title to Land Possession Counterclaim Summary Cause Procedure

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Parties

Robin Alexander Lovie Falconer

Pursuer

Garry Neil George

First Defender

The Occupiers

Second Defender

Procedural Posture

Summary Application for Ejection / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer is entitled to recover possession of the plot from the defenders
  2. 2 Whether the defenders have any right or title to occupy the plot
  3. 3 Whether the pursuer has established prima facie title to the land

Ratio Decidendi

The pursuer established prima facie title to the land by virtue of a recorded disposition and long possession. The defenders had no right or title to occupy the plot, no concluded contract existed, and no permission was given for occupation. The first defender's counterclaim lacked legal foundation. The pursuer is entitled to decree of ejection and expenses.

Court Disposition

Decree of ejection granted in favour of the pursuer; counterclaim dismissed; first defender found liable in expenses.

Orders

  • Defenders to remove themselves, their family, dependants, possessions, vehicles, caravans and belongings from the subjects within 14 days of extract.
  • Warrant granted for officers of court to remove and eject defenders if necessary, including opening and shutting lockfast places.