M'Robert v. Reid and Others [1914] ScotLR 500 (27 March 1914)

M'Robert v. Reid and Others [1914] ScotLR 500 (27 March 1914)

The Court held that a public right-of-way had been established over the pursuer's lands by sufficient evidence of end-to-end user for the prescriptive period. Once established, the right-of-way is open to all members of the public, including frontagers, for passage over any part of the route, not just from end to end. The Court further held that the Public Authorities Protection Act 1893 did not apply to the award of expenses in this case, as the District Committee had appeared voluntarily and was not sued for acts done in pursuance of public duty.

Citation
[1914] ScotLR 500
Parties
Pursuer: Sir Alexander M'Robert; Defender: Edward A. Reid; Defender: Deeside District Committee of the County Council of Aberdeen
Jurisdiction
Scotland
Judgment Date
27 March 1914
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
Appeal dismissed in substance; interlocutor of Sheriff-Substitute affirmed except as to expenses under the Public Authorities Protection Act 1893, which was recalled.
Legal Topics
Public Right of Way, Servitude, Interdict, Access Rights, Public Authorities Protection Act 1893
Property Law Public Law Public Right of Way Servitude Interdict Access Rights Public Authorities Protection Act 1893

Case Brief

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Parties

Sir Alexander M'Robert

Pursuer

Edward A. Reid

Defender

Deeside District Committee of the County Council of Aberdeen

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether a public right-of-way exists over the pursuer's lands from Cushnie to Tarland.
  2. 2 Whether a frontager (owner of land abutting the right-of-way) may use the right-of-way as access to his property as a member of the public.
  3. 3 Whether the Public Authorities Protection Act 1893 applies to the award of expenses in this case.

Ratio Decidendi

The Court held that a public right-of-way had been established over the pursuer's lands by sufficient evidence of end-to-end user for the prescriptive period. Once established, the right-of-way is open to all members of the public, including frontagers, for passage over any part of the route, not just from end to end. The Court further held that the Public Authorities Protection Act 1893 did not apply to the award of expenses in this case, as the District Committee had appeared voluntarily and was not sued for acts done in pursuance of public duty.

Court Disposition

Appeal dismissed in substance; interlocutor of Sheriff-Substitute affirmed except as to expenses under the Public Authorities Protection Act 1893, which was recalled.

Orders

  • Repel first, second, and third pleas for the pursuer.
  • Sustain pleas-in-law for the defenders.