Neil Robert McCallum and another against David McLackland (Sheriff Court Civil) [2026] SCKIL 14 (16 April 2025)

Neil Robert McCallum and another against David McLackland (Sheriff Court Civil) [2026] SCKIL 14 (16 April 2025)

The pursuers' servitude of aqueduct over the defender's land included implied ancillary rights of access for repair and replacement of water pipes. The defender's refusal of access, after reasonable notice, constituted a breach of these rights. The pursuers were entitled to damages for patrimonial loss and compensation for inconvenience resulting from the breach.

Citation
[2026] SCKIL 14
Parties
Pursuer: Neil Robert McCallum; Pursuer: Lorna McCallum; Defender: David McLackland
Jurisdiction
Scotland
Judgment Date
16 April 2025
Procedural Posture
Civil / Judgment After Proof
Outcome
Decree for payment in favour of the pursuers for damages and compensation; dismissal of certain craves; hearing fixed on expenses.
Legal Topics
Servitude of Aqueduct, Ancillary Rights to Servitude, Access for Repair and Replacement, Damages for Breach of Servitude, Compensation for Inconvenience
Property Law Servitudes Damages Servitude of Aqueduct Ancillary Rights to Servitude Access for Repair and Replacement Damages for Breach of Servitude Compensation for Inconvenience

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Parties

Neil Robert McCallum

Pursuer

Lorna McCallum

Pursuer

David McLackland

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuers had an implied ancillary right of access to the defender's land to replace water pipes under a servitude of aqueduct
  2. 2 Whether the defender's refusal of access constituted a breach of servitude obligations
  3. 3 Whether the pursuers are entitled to damages and compensation for inconvenience

Ratio Decidendi

The pursuers' servitude of aqueduct over the defender's land included implied ancillary rights of access for repair and replacement of water pipes. The defender's refusal of access, after reasonable notice, constituted a breach of these rights. The pursuers were entitled to damages for patrimonial loss and compensation for inconvenience resulting from the breach.

Court Disposition

Decree for payment in favour of the pursuers for damages and compensation; dismissal of certain craves; hearing fixed on expenses.

Orders

  • Defender to pay pursuers £23,031.12 sterling with interest at 8% per annum from 21 September 2020 until payment.
  • Dismissal of craves 1 and 3 of the initial writ.