William Dutch Beaton against William John Hendry (Sheriff Court Civil) [2025] SCELG 95 (18 December 2023)

William Dutch Beaton against William John Hendry (Sheriff Court Civil) [2025] SCELG 95 (18 December 2023)

The express grant of servitude in the 1961 disposition entitled the pursuer to use the Angus House track for all usual purposes of a working farm, which includes the ancillary right to encroach on the verges where reasonably necessary for the passage of farm vehicles. The pursuer is not obliged to give notice to the defender before carrying out maintenance works on the track. The defender's actions in placing obstacles impeded the pursuer's exercise of the servitude right and justified interdict. The defender did not breach the interim interdict as the obstructions were not on the Angus House track itself.

Citation
[2025] SCELG 95
Parties
Pursuer: William Dutch Beaton; Defender: William John Hendry
Jurisdiction
Scotland
Judgment Date
18 December 2023
Procedural Posture
Civil (sheriff Court) / Judgment After Proof
Outcome
Declarator granted in favour of pursuer; interdict granted against defender; no contempt of court found; defender's counterclaim refused.
Legal Topics
Servitude Right of Access, Ancillary Rights to Servitude, Interdict (injunction), Maintenance Obligations, Prescription, Obstruction of Access, Civiliter Exercise of Rights
Property Law Servitudes and Easements Civil Procedure Servitude Right of Access Ancillary Rights to Servitude Interdict (injunction) Maintenance Obligations Prescription +2 more

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Parties

William Dutch Beaton

Pursuer

William John Hendry

Defender

Procedural Posture

Civil (sheriff Court) / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer's servitude right of access includes a right to use the verges of the track for passage of farm vehicles
  2. 2 Whether the pursuer is obliged to give notice to the defender before carrying out maintenance works on the track
  3. 3 Whether the defender breached the interim interdict by placing obstructions

Ratio Decidendi

The express grant of servitude in the 1961 disposition entitled the pursuer to use the Angus House track for all usual purposes of a working farm, which includes the ancillary right to encroach on the verges where reasonably necessary for the passage of farm vehicles. The pursuer is not obliged to give notice to the defender before carrying out maintenance works on the track. The defender's actions in placing obstacles impeded the pursuer's exercise of the servitude right and justified interdict. The defender did not breach the interim interdict as the obstructions were not on the Angus House track itself.

Court Disposition

Declarator granted in favour of pursuer; interdict granted against defender; no contempt of court found; defender's counterclaim refused.

Orders

  • Declarator that pursuer holds an ancillary right to use the verges of the Angus House track as part of the servitude right of access for all usual farming purposes.
  • Interdict prohibiting the defender from interfering with or obstructing the pursuer's right of access to Angus House Farm via the track, including the verges, except as permitted by law.