Ovenstone v. Dundee District Committee of Forfar County Council [1920] ScotLR 694 (02 July 1920)

Ovenstone v. Dundee District Committee of Forfar County Council [1920] ScotLR 694 (02 July 1920)

The land in question was enclosed ground planted as a shelter to the mansion-house and therefore fell within the statutory exception of section 80 of the General Turnpike Act 1831, making the defenders not entitled to take materials without the pursuer's consent.

Citation
[1920] ScotLR 694
Parties
Pursuer: Charles Barrie Ovenstone of Duntrune; Defenders: Dundee District Committee of the County Council of the County of Forfar
Jurisdiction
Scotland
Judgment Date
02 July 1920
Procedural Posture
Action for Declarator and Interdict / Inner House Appeal From Lord Ordinary
Outcome
Appeal allowed; decree granted in terms of the conclusions of the summons.
Legal Topics
Roads and Bridges, Statutory Interpretation, Land Use, Declarator, Jurisdiction
Property Law Administrative Law Local Government Law Roads and Bridges Statutory Interpretation Land Use Declarator Jurisdiction

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Parties

Charles Barrie Ovenstone of Duntrune

Pursuer

Dundee District Committee of the County Council of the County of Forfar

Defenders

Procedural Posture

Action for Declarator and Interdict / Inner House Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether the action for declarator and interdict is competent given the statutory scheme
  2. 2 Whether the land in question is 'policy' or 'enclosed ground planted as shelter to a house' under section 80 of the General Turnpike Act 1831

Ratio Decidendi

The land in question was enclosed ground planted as a shelter to the mansion-house and therefore fell within the statutory exception of section 80 of the General Turnpike Act 1831, making the defenders not entitled to take materials without the pursuer's consent.

Court Disposition

Appeal allowed; decree granted in terms of the conclusions of the summons.

Orders

  • Interdict granted against defenders from taking materials from the land in question without pursuer's consent.
  • Declarator granted that defenders have no right or title to take materials from the specified land.