Wilson & Anor v Inverclyde Council [2001] ScotCS 9 (17 January 2001)

Wilson & Anor v Inverclyde Council [2001] ScotCS 9 (17 January 2001)

The pursuers failed to demonstrate that the 1772 Feu Charter constituted a trust or that all lands in the registered titles were subject to such a trust. There were no relevant averments of carelessness by the proprietor in possession as required for rectification under the Land Registration (Scotland) Act 1979. The pursuers had no title or interest to sue, and the action was incompetent and bound to fail.

Citation
[2001] ScotCS 9
Parties
Pursuers: Andrew Wilson and Others; Defenders: Inverclyde Council
Jurisdiction
Scotland
Judgment Date
17 January 2001
Procedural Posture
Civil / Outer House, Court of Session – Opinion on Motion to Dismiss
Outcome
Action dismissed
Legal Topics
Rectification of Land Register, Common Good Property, Public Trusts, Declarator, Interdict, Judicial Factor, Land Registration (scotland) Act 1979
Property Law Trusts and Estates Administrative Law Rectification of Land Register Common Good Property Public Trusts Declarator Interdict +2 more

Case Brief

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Parties

Andrew Wilson and Others

Pursuers

Inverclyde Council

Defenders

Procedural Posture

Civil / Outer House, Court of Session – Opinion on Motion to Dismiss

Legal Issues

  1. 1 Whether the 1772 Feu Charter constituted a public trust over the harbour lands in Greenock
  2. 2 Whether the pursuers have title and interest to seek rectification of the Land Register
  3. 3 Whether the defenders are trustees of the lands in question

Ratio Decidendi

The pursuers failed to demonstrate that the 1772 Feu Charter constituted a trust or that all lands in the registered titles were subject to such a trust. There were no relevant averments of carelessness by the proprietor in possession as required for rectification under the Land Registration (Scotland) Act 1979. The pursuers had no title or interest to sue, and the action was incompetent and bound to fail.

Court Disposition

Action dismissed

Orders

  • Sustain the second plea-in-law for the defenders
  • Dismiss the action