Donald Michie against Scott Hastie (Sheriff Court Civil) [2026] SCCAMP 27 (19 November 2025)

Donald Michie against Scott Hastie (Sheriff Court Civil) [2026] SCCAMP 27 (19 November 2025)

A servitude right of pedestrian access was acquired by prescription over the pursuer's property in favour of the defender's property, but no servitude right of vehicular access was established. The defender's installation of a hardcore surface and use of vehicles exceeded the scope of the servitude and constituted trespass, causing actionable damage. The pursuer is entitled to interdict against vehicular access and damages for reinstatement of the land.

Citation
[2026] SCCAMP 27
Parties
Pursuer: Donald Michie; Defender: Scott Hastie
Jurisdiction
Scotland
Judgment Date
19 November 2025
Procedural Posture
Civil (sheriff Court) / Final Judgment After Proof (trial)
Outcome
Partially in favour of pursuer and partially in favour of defender (principal action and counterclaim both succeed in part)
Legal Topics
Servitude Rights, Prescription, Trespass, Damages, Interdict, Counterclaim
Property Law Civil Procedure Scots Law Servitude Rights Prescription Trespass Damages Interdict +1 more

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Parties

Donald Michie

Pursuer

Scott Hastie

Defender

Procedural Posture

Civil (sheriff Court) / Final Judgment After Proof (trial)

Legal Issues

  1. 1 Whether a servitude right of access (pedestrian or vehicular) exists over the pursuer's property in favour of the defender's property by prescription
  2. 2 Whether the servitude right, if any, entitles the defender to install a hardcore surface and use vehicles
  3. 3 Whether the defender's actions constituted trespass and caused actionable damage to the pursuer's property

Ratio Decidendi

A servitude right of pedestrian access was acquired by prescription over the pursuer's property in favour of the defender's property, but no servitude right of vehicular access was established. The defender's installation of a hardcore surface and use of vehicles exceeded the scope of the servitude and constituted trespass, causing actionable damage. The pursuer is entitled to interdict against vehicular access and damages for reinstatement of the land.

Court Disposition

Partially in favour of pursuer and partially in favour of defender (principal action and counterclaim both succeed in part)

Orders

  • Interdict granted prohibiting defender from taking or permitting vehicular or construction plant access over pursuer's property at 44 School Street, Port Ellen, Islay (Title Number ARG6409)
  • Decree for payment of £14,369.09 (including VAT) to pursuer for reinstatement of land, with interest at 8% per annum from citation until payment