Meacher v. Blair-Oliphant [1912] ScotLR 373 (17 December 1912)

Meacher v. Blair-Oliphant [1912] ScotLR 373 (17 December 1912)

Defender's prior title to lands abutting Fingask Loch with parts and pertinents gives him a joint right in the loch; pursuer's subsequent express grant cannot exclude this right unless she proves continuous, exclusive, and adverse possession for the prescriptive period, which she has failed to do; parish boundary evidence is inconclusive and does not exclude defender's right.

Citation
[1912] ScotLR 373
Parties
Pursuer: Mrs Emma Mary Brown or Meacher; Defender: Captain Philip Laurence Kington Blair-Oliphant
Jurisdiction
Scotland
Judgment Date
17 December 1912
Procedural Posture
Property Declarator and Interdict / Appeal (reclaiming Motion) Before Inner House
Outcome
Lord Ordinary's interlocutor recalled; defender found to have joint right in Fingask Loch; pursuer failed to prove exclusive right; defender assoilzied from all conclusions with expenses.
Legal Topics
Riparian Rights, Joint Ownership, Prescription, Servitude, Title to Lochs, Parish Boundaries
Property Law Land Law Riparian Rights Joint Ownership Prescription Servitude Title to Lochs Parish Boundaries

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs Emma Mary Brown or Meacher

Pursuer

Captain Philip Laurence Kington Blair-Oliphant

Defender

Procedural Posture

Property Declarator and Interdict / Appeal (reclaiming Motion) Before Inner House

Legal Issues

  1. 1 Whether pursuer has exclusive right to Fingask Loch under her titles and possession
  2. 2 Whether defender has joint right in the loch by virtue of prior title with parts and pertinents
  3. 3 Whether exclusive possession by pursuer for prescriptive period is proved

Ratio Decidendi

Defender's prior title to lands abutting Fingask Loch with parts and pertinents gives him a joint right in the loch; pursuer's subsequent express grant cannot exclude this right unless she proves continuous, exclusive, and adverse possession for the prescriptive period, which she has failed to do; parish boundary evidence is inconclusive and does not exclude defender's right.

Court Disposition

Lord Ordinary's interlocutor recalled; defender found to have joint right in Fingask Loch; pursuer failed to prove exclusive right; defender assoilzied from all conclusions with expenses.

Orders

  • Recall Lord Ordinary's interlocutor
  • Find defender has joint right of property in Fingask Loch