Maciver v. Maciver [1909] ScotLR 552 (19 February 1909)

Maciver v. Maciver [1909] ScotLR 552 (19 February 1909)

The pursuer was barred by acquiescence and delay from asserting his claim to the croft, having failed to assert his rights or take possession for 17 years, thereby abandoning any entitlement under the Crofters Holdings (Scotland) Act 1886.

Citation
[1909] ScotLR 552
Parties
Pursuer/respondent: Angus Maciver; Defender/appellant: Mrs Catherine Maciver (later Donald Maciver, her son)
Jurisdiction
Scotland
Judgment Date
19 February 1909
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal allowed; action dismissed
Legal Topics
Crofter Succession, Acquiescence, Implied Abandonment, Crofters Holdings (scotland) Act 1886, Tenant Rights
Property Law Succession Law Land Law Crofter Succession Acquiescence Implied Abandonment Crofters Holdings (scotland) Act 1886 Tenant Rights

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Parties

Angus Maciver

Pursuer/respondent

Mrs Catherine Maciver (later Donald Maciver, her son)

Defender/appellant

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the pursuer, as heir, was entitled to claim tenancy of the croft after 17 years of acquiescence in the stepmother's possession
  2. 2 Whether delay and acquiescence bar the heir's claim to the croft
  3. 3 Whether the Crofters Holdings (Scotland) Act 1886 allows such a claim after prolonged inaction

Ratio Decidendi

The pursuer was barred by acquiescence and delay from asserting his claim to the croft, having failed to assert his rights or take possession for 17 years, thereby abandoning any entitlement under the Crofters Holdings (Scotland) Act 1886.

Court Disposition

appeal allowed; action dismissed

Orders

  • Interlocutor of Sheriff-Substitute recalled
  • Pursuer found barred by acquiescence and delay