Hetherington v Galt [1905] ScotCS CSIH_3 (02 June 1905)

Hetherington v Galt [1905] ScotCS CSIH_3 (02 June 1905)

The court held that the row of trees, planted by mutual agreement to mark the boundary and consistent with the title deeds (which allowed for minor deviations), constituted a binding boundary (march) between the properties, effective against singular successors.

Citation
[1905] ScotCS CSIH_3
Parties
Complainer: Hetherington; Respondent: Galt
Jurisdiction
Scotland
Judgment Date
02 June 1905
Procedural Posture
Property Boundary Dispute / Appeal From Lord Ordinary's Judgment
Outcome
appeal dismissed; judgment affirmed
Legal Topics
Boundary Disputes, Feudal Tenure, Singular Successors, Interpretation of Title Deeds
Property Law Boundary Disputes Feudal Tenure Singular Successors Interpretation of Title Deeds

Case Brief

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Parties

Hetherington

Complainer

Galt

Respondent

Procedural Posture

Property Boundary Dispute / Appeal From Lord Ordinary's Judgment

Legal Issues

  1. 1 Whether a row of trees planted by mutual agreement constitutes a binding boundary (march) between two feus, including against singular successors
  2. 2 Whether the words 'or thereby' in title deeds allow for minor deviations from stated measurements

Ratio Decidendi

The court held that the row of trees, planted by mutual agreement to mark the boundary and consistent with the title deeds (which allowed for minor deviations), constituted a binding boundary (march) between the properties, effective against singular successors.

Court Disposition

appeal dismissed; judgment affirmed

Orders

  • The judgment under review is affirmed.