MacDonald v. West Minch Salmon Ltd & Anor [2004] ScotCS 150 (25 June 2004)

MacDonald v. West Minch Salmon Ltd & Anor [2004] ScotCS 150 (25 June 2004)

Landlord may authorise third party use of croft access road for purposes of exercising rights of property or other rights belonging to landlord, without requirement for lease; compensation for damage is limited to physical harm caused by exercise of such rights; Land Court's jurisdiction is defined by statute and does not extend to regulating user beyond statutory provisions.

Citation
[2004] ScotCS 150
Parties
Applicant: Mrs Dolina MacDonald; First Respondent: West Minch Salmon Limited; Second Respondent: South Uist Estates Limited
Jurisdiction
Scotland
Judgment Date
25 June 2004
Procedural Posture
Special Case From Scottish Land Court / Appeal/opinion of the Court
Outcome
Appeal allowed in part; interlocutor of Land Court varied.
Legal Topics
Landlord's Rights of Access, Statutory Conditions of Crofting Tenancy, Compensation for Damage, Authorisation of Third Party Use, Interpretation of Crofters (scotland) Act 1993
Land Law Agricultural Tenancy Crofting Law Landlord's Rights of Access Statutory Conditions of Crofting Tenancy Compensation for Damage Authorisation of Third Party Use Interpretation of Crofters (scotland) Act 1993

Case Brief

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Parties

Mrs Dolina MacDonald

Applicant

West Minch Salmon Limited

First Respondent

South Uist Estates Limited

Second Respondent

Procedural Posture

Special Case From Scottish Land Court / Appeal/opinion of the Court

Legal Issues

  1. 1 Scope of landlord's right to authorise third party access over croft land
  2. 2 Requirement for lease versus informal authorisation
  3. 3 Extent of landlord's liability for compensation for damage

Ratio Decidendi

Landlord may authorise third party use of croft access road for purposes of exercising rights of property or other rights belonging to landlord, without requirement for lease; compensation for damage is limited to physical harm caused by exercise of such rights; Land Court's jurisdiction is defined by statute and does not extend to regulating user beyond statutory provisions.

Court Disposition

Appeal allowed in part; interlocutor of Land Court varied.

Orders

  • Questions 4.3 answered in affirmative; 4.4 in negative; 4.1 and 4.2 not answered.
  • Averment of loss of access to croft house remitted to probation.