ANDREW ALLAN BUCHAN & ROY ALLAN BUCHAN v. THE FIRM OF W.J. & H.A. BEATON & WILLIAM JOHN BEATON & MRS HELEN AGNES COWIE OR BEATON [2011] ScotSC 184 (25 November 2011)

ANDREW ALLAN BUCHAN & ROY ALLAN BUCHAN v. THE FIRM OF W.J. & H.A. BEATON & WILLIAM JOHN BEATON & MRS HELEN AGNES COWIE OR BEATON [2011] ScotSC 184 (25 November 2011)

The pursuers have a heritable and irredeemable servitude right of aquaehaustus and aqueduct over the defenders' property, entitling them to a continuous water supply subject only to its availability from the source. The defenders unlawfully disrupted this right by severing the supply pipe and operating a timer switch to restrict supply, causing loss to the pursuers. The pursuers are entitled to declarator, specific implement, and damages for reasonable costs incurred as a result of the defenders' actions.

Citation
[2011] ScotSC 184
Parties
Pursuer: Andrew Allan Buchan; Pursuer: Roy Allan Buchan; Defender: The Firm of W. J. & H. A. Beaton; Defender: William John Beaton; Defender: Mrs Helen Agnes Cowie or Beaton
Jurisdiction
Scotland
Judgment Date
25 November 2011
Procedural Posture
Civil Property/servitude / Final Judgment After Proof
Outcome
For the pursuers. Declarator granted. Specific implement ordered. Damages and costs awarded.
Legal Topics
Servitude of Aquaehaustus, Servitude of Aqueduct, Water Rights, Interdict, Damages for Breach of Servitude
Property Law Servitude/easements Servitude of Aquaehaustus Servitude of Aqueduct Water Rights Interdict Damages for Breach of Servitude

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Parties

Andrew Allan Buchan

Pursuer

Roy Allan Buchan

Pursuer

The Firm of W. J. & H. A. Beaton

Defender

William John Beaton

Defender

Mrs Helen Agnes Cowie or Beaton

Defender

Procedural Posture

Civil Property/servitude / Final Judgment After Proof

Legal Issues

  1. 1 Whether the pursuers have a heritable and irredeemable servitude right of aquaehaustus and aqueduct over the defenders' property
  2. 2 Whether the defenders unlawfully disrupted the pursuers' water supply
  3. 3 Whether the pursuers are entitled to declarator, specific implement, and damages

Ratio Decidendi

The pursuers have a heritable and irredeemable servitude right of aquaehaustus and aqueduct over the defenders' property, entitling them to a continuous water supply subject only to its availability from the source. The defenders unlawfully disrupted this right by severing the supply pipe and operating a timer switch to restrict supply, causing loss to the pursuers. The pursuers are entitled to declarator, specific implement, and damages for reasonable costs incurred as a result of the defenders' actions.

Court Disposition

For the pursuers. Declarator granted. Specific implement ordered. Damages and costs awarded.

Orders

  • Finds and declares the pursuers have a heritable and irredeemable servitude right of aqueduct and aquaehaustus over and through the defenders' property.
  • Finds and declares the defenders are unlawfully disrupting the water supply to the dominant tenement.