Macphail v. Kilbrandon and Kilchattan Heritors [1914] ScotLR 256 (27 January 1914)

Macphail v. Kilbrandon and Kilchattan Heritors [1914] ScotLR 256 (27 January 1914)

Heritors are under a continuing legal obligation to provide and maintain a reasonable access road from the public road to the manse, suitable for foot-passengers and for use by a horse and trap, but are not liable for the repair or maintenance of glebe fences once initially erected.

Citation
[1914] ScotLR 256
Parties
Appellant (defender, Minister): Rev. William Macphail; Respondents (pursuers, Heritors): The Marquis of Breadalbane, K.G., and others, heritors of the United Parish of Kilbrandon and Kilchattan
Jurisdiction
Scotland
Judgment Date
27 January 1914
Procedural Posture
Appeal (ecclesiastical/parochial Law) / Appeal From Sheriff Substitute to Lord Ordinary on Teind Causes
Outcome
Appeal allowed in part; interlocutor of Sheriff-Substitute recalled except as regards glebe fences; heritors held liable to repair and maintain access road to manse and glebe, but not glebe fences.
Legal Topics
Liability of Heritors for Maintenance of Access to Manse, Obligation to Repair Glebe Fences, Access Rights to Ecclesiastical Property
Ecclesiastical Law Property Law Scottish Parochial Law Liability of Heritors for Maintenance of Access to Manse Obligation to Repair Glebe Fences Access Rights to Ecclesiastical Property

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Parties

Rev. William Macphail

Appellant (defender, Minister)

The Marquis of Breadalbane, K.G., and others, heritors of the United Parish of Kilbrandon and Kilchattan

Respondents (pursuers, Heritors)

Procedural Posture

Appeal (ecclesiastical/parochial Law) / Appeal From Sheriff Substitute to Lord Ordinary on Teind Causes

Legal Issues

  1. 1 Are heritors legally obliged to repair and maintain access from the public road to the manse and glebe?
  2. 2 Are heritors liable for the repair and maintenance of glebe fences?

Ratio Decidendi

Heritors are under a continuing legal obligation to provide and maintain a reasonable access road from the public road to the manse, suitable for foot-passengers and for use by a horse and trap, but are not liable for the repair or maintenance of glebe fences once initially erected.

Court Disposition

Appeal allowed in part; interlocutor of Sheriff-Substitute recalled except as regards glebe fences; heritors held liable to repair and maintain access road to manse and glebe, but not glebe fences.

Orders

  • Heritors must repair and provide a suitable access road to the manse and glebe, not less than 10 feet wide.
  • No liability on heritors for repair of glebe fences.