MacKenzie v. Grant+ & Anor [2007] ScotSC 7 (16 February 2007)

MacKenzie v. Grant+ & Anor [2007] ScotSC 7 (16 February 2007)

The defenders, through their contractor, encroached upon the pursuer's subjects as defined by the Land Certificate. The pursuer was justified in raising the action and is entitled to expenses for the period up to the recall of the sist and one half of expenses thereafter.

Citation
[2007] ScotSC 7
Parties
Pursuer: Mrs Jessie MacKenzie; Defender: Robert Grant; Defender: Mrs Mhairi Grant
Jurisdiction
Scotland
Judgment Date
16 February 2007
Procedural Posture
Civil / Final Judgment
Outcome
Action dismissed by consent; expenses awarded as specified.
Legal Topics
Boundary Disputes, Interdict, Expenses, Land Registration
Property Law Civil Procedure Boundary Disputes Interdict Expenses Land Registration

Case Brief

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Parties

Mrs Jessie MacKenzie

Pursuer

Robert Grant

Defender

Mrs Mhairi Grant

Defender

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Did the defenders encroach upon the pursuer's property?
  2. 2 Is the pursuer entitled to expenses for the action?
  3. 3 What is the correct boundary between the parties' properties?

Ratio Decidendi

The defenders, through their contractor, encroached upon the pursuer's subjects as defined by the Land Certificate. The pursuer was justified in raising the action and is entitled to expenses for the period up to the recall of the sist and one half of expenses thereafter.

Court Disposition

Action dismissed by consent; expenses awarded as specified.

Orders

  • Sustains pursuer's objection to evidence concerning discussions prior to 16 December 2003.
  • Repels pursuer's objection to question about issues at time of purchase.