Menzies v. Marquis of Breadalbane [1901] ScotLR 39_35 (01 November 1901)
The boundary between riparian proprietors is the centre of the alveus between well-defined banks, passing through islands, not the centre of the main stream; the pursuer's claim fails as neither island lies wholly to his side of the medium filum.
- Citation
- [1901] ScotLR 39_35
- Parties
- Pursuer/appellant: Sir Robert Menzies of that Ilk, Baronet; Defender/respondent: Marquis of Breadalbane
- Jurisdiction
- Scotland
- Judgment Date
- 01 November 1901
- Procedural Posture
- Property Boundary Declarator / Appeal to Court of Session Inner House Second Division
- Outcome
- appeal dismissed; defender assoilzied
- Legal Topics
- Boundaries, Riparian Rights, River Alveus, Medium Filum, Islands in River
Case Brief
Summary, issues, holding and outcome
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Parties
Sir Robert Menzies of that Ilk, Baronet
Pursuer/appellant
Marquis of Breadalbane
Defender/respondent
Procedural Posture
Property Boundary Declarator / Appeal to Court of Session Inner House Second Division
Legal Issues
- 1 How is the medium filum of a river determined when the channel is divided by islands?
- 2 Do the disputed islands belong wholly to the pursuer's side of the medium filum?
Ratio Decidendi
The boundary between riparian proprietors is the centre of the alveus between well-defined banks, passing through islands, not the centre of the main stream; the pursuer's claim fails as neither island lies wholly to his side of the medium filum.
Court Disposition
appeal dismissed; defender assoilzied
Orders
- Defender entitled to expenses
- Court found in fact and law in terms of interlocutors appealed against
Full Case Text
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