Melfort Pier Holidays Ltd v. The Melfort Club & Ors [2006] ScotCS CSIH_61 (07 December 2006)

Melfort Pier Holidays Ltd v. The Melfort Club & Ors [2006] ScotCS CSIH_61 (07 December 2006)

The Lord Ordinary was entitled to find that the pursuers had set out a prima facie case for the existence of a public right of way over the driveway based on prescriptive user, and the balance of convenience favoured granting interim interdict. The route across the driveway could constitute a variant to the public right of way along the public road.

Citation
[2006] ScotCS CSIH_61
Parties
Pursuers and Respondents: Melfort Pier Holidays Limited; Defenders and Reclaimers: The Melfort Club and Others
Jurisdiction
Scotland
Judgment Date
07 December 2006
Procedural Posture
Reclaiming Motion / Interim Interdict
Outcome
Reclaiming motion refused
Legal Topics
Public Right of Way, Prescriptive User, Interim Interdict
Property Law Civil Procedure Public Right of Way Prescriptive User Interim Interdict

Case Brief

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Parties

Melfort Pier Holidays Limited

Pursuers and Respondents

The Melfort Club and Others

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion / Interim Interdict

Legal Issues

  1. 1 Whether a public right of way can be constituted over a private driveway as an adjunct to a public road
  2. 2 Necessity of two public termini for a public right of way
  3. 3 Effect of prescriptive user in establishing a public right of way

Ratio Decidendi

The Lord Ordinary was entitled to find that the pursuers had set out a prima facie case for the existence of a public right of way over the driveway based on prescriptive user, and the balance of convenience favoured granting interim interdict. The route across the driveway could constitute a variant to the public right of way along the public road.

Court Disposition

Reclaiming motion refused

Orders

  • Interim interdict in extended terms maintained