Compugraphics International Ltd v. Nikolik [2011] ScotCS CSIH_34 (20 May 2011)

Compugraphics International Ltd v. Nikolik [2011] ScotCS CSIH_34 (20 May 2011)

Scots law recognises servitudes of projection and support in appropriate circumstances. The 1983 Feu Disposition is a clear bounding title, granting ownership of the factory and its fixtures (pipes and ductwork) to the pursuers, but not the solum of the pathway or embedded stanchions. Servitude rights of projection and support may be constituted by prescription if the requisite facts are established. An inquiry into the facts is necessary to determine degrees of severability, attachment, and prescriptive possession.

Citation
[2011] ScotCS CSIH_34
Parties
Pursuer and Respondent: Compugraphics International Limited; Defender and Reclaimer: Colin Nikolic
Jurisdiction
Scotland
Judgment Date
20 May 2011
Procedural Posture
Civil / Reclaiming Motion and Cross Appeal From Outer House Interlocutor
Outcome
Reclaiming motion allowed; cross-appeal refused; Lord Ordinary's interlocutor recalled; proof before answer ordered.
Legal Topics
Ownership of Fixtures, Servitude of Projection, Servitude of Support, Prescription, Bounding Title, Parts and Pertinents
Property Law Servitudes Conveyancing Ownership of Fixtures Servitude of Projection Servitude of Support Prescription Bounding Title +1 more

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Parties

Compugraphics International Limited

Pursuer and Respondent

Colin Nikolic

Defender and Reclaimer

Procedural Posture

Civil / Reclaiming Motion and Cross Appeal From Outer House Interlocutor

Legal Issues

  1. 1 Whether pursuers own pipes, ductwork, and stanchions overhanging defender's land
  2. 2 Whether servitude rights of projection and support exist in Scots law
  3. 3 Whether prescription has constituted servitude rights

Ratio Decidendi

Scots law recognises servitudes of projection and support in appropriate circumstances. The 1983 Feu Disposition is a clear bounding title, granting ownership of the factory and its fixtures (pipes and ductwork) to the pursuers, but not the solum of the pathway or embedded stanchions. Servitude rights of projection and support may be constituted by prescription if the requisite facts are established. An inquiry into the facts is necessary to determine degrees of severability, attachment, and prescriptive possession.

Court Disposition

Reclaiming motion allowed; cross-appeal refused; Lord Ordinary's interlocutor recalled; proof before answer ordered.

Orders

  • Case put out By Order before the bench to discuss expenses, further procedure, and questions of amendment.