Watt v Jamieson [1953] ScotCS CSOH_4 (31 October 1953)

Watt v Jamieson [1953] ScotCS CSOH_4 (31 October 1953)

A normal, natural, and familiar use of property may still constitute actionable nuisance if it causes substantial annoyance or material damage to adjoining proprietors; the test is whether the effect is more than tolerable given all circumstances.

Citation
[1953] ScotCS CSOH_4
Parties
Pursuer: Watt; Defender: Jamieson
Jurisdiction
Scotland
Judgment Date
31 October 1953
Procedural Posture
Civil / Pleadings; Motion to Dismiss; Interlocutory
Outcome
Proof before answer allowed; defender's first plea standing; motion to dismiss refused.
Legal Topics
Nuisance, Use of Property, Burden of Proof, Locality Principle
Tort Property Nuisance Use of Property Burden of Proof Locality Principle

Case Brief

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Parties

Watt

Pursuer

Jamieson

Defender

Procedural Posture

Civil / Pleadings; Motion to Dismiss; Interlocutory

Legal Issues

  1. 1 Whether a normal, natural, and familiar use of property can constitute actionable nuisance in Scots law
  2. 2 Whether the pursuer must aver that the use complained of was non-natural, unreasonable, or unusual

Ratio Decidendi

A normal, natural, and familiar use of property may still constitute actionable nuisance if it causes substantial annoyance or material damage to adjoining proprietors; the test is whether the effect is more than tolerable given all circumstances.

Court Disposition

Proof before answer allowed; defender's first plea standing; motion to dismiss refused.

Orders

  • Allow proof before answer
  • Defender's first plea to relevancy standing