Marco Lorenzo Fusi and others against Tina Giconda Maria Fusi or Filippi and others (Sheriff Court Civil) [2026] SCDUM 11 (26 November 2025)

Marco Lorenzo Fusi and others against Tina Giconda Maria Fusi or Filippi and others (Sheriff Court Civil) [2026] SCDUM 11 (26 November 2025)

A servitude right of fuel storage has been established for the benefit of 2 New Street by prescription, as fuel storage (coal and subsequently gas) was possessed openly, peaceably, and without judicial interruption for over 20 years. The addition of gas canisters does not materially increase the burden on the servient tenement, and the servitude is not based on tolerance but on assertion of right.

Citation
[2026] SCDUM 11
Parties
Pursuer: Marco Lorenzo Fusi; Pursuer: Paul Peter Fusi; Pursuer: Karen Fusi; Pursuer: Mary Fusi; Defender: Tina Giconda Maria Fusi or Filippi; Defender: Sylvia Maria Filippi or Lavery; Defender: Loretta Maria Filippi or Lees; Defender: Raymond Anthony Filippi
Jurisdiction
Scotland
Judgment Date
26 November 2025
Procedural Posture
Civil / Post Proof, Judgment, Procedural Hearing to Be Fixed
Outcome
Servitude right of fuel storage established; procedural hearing to be fixed for submissions on wording and expenses.
Legal Topics
Servitude, Prescription, Fuel Storage, Encroachment, Burden on Servient Tenement
Property Law Scots Law Servitude Prescription Fuel Storage Encroachment Burden on Servient Tenement

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Parties

Marco Lorenzo Fusi

Pursuer

Paul Peter Fusi

Pursuer

Karen Fusi

Pursuer

Mary Fusi

Pursuer

Tina Giconda Maria Fusi or Filippi

Defender

Sylvia Maria Filippi or Lavery

Defender

Loretta Maria Filippi or Lees

Defender

Raymond Anthony Filippi

Defender

Procedural Posture

Civil / Post Proof, Judgment, Procedural Hearing to Be Fixed

Legal Issues

  1. 1 Whether a servitude right of fuel storage exists for the benefit of 2 New Street
  2. 2 Whether the servitude was acquired by prescription under section 3(2) of the Prescription and Limitation (Scotland) Act 1973
  3. 3 Whether the addition of gas canisters materially increases the burden on the servient tenement

Ratio Decidendi

A servitude right of fuel storage has been established for the benefit of 2 New Street by prescription, as fuel storage (coal and subsequently gas) was possessed openly, peaceably, and without judicial interruption for over 20 years. The addition of gas canisters does not materially increase the burden on the servient tenement, and the servitude is not based on tolerance but on assertion of right.

Court Disposition

Servitude right of fuel storage established; procedural hearing to be fixed for submissions on wording and expenses.

Orders

  • Appoints case to procedural hearing for submissions on wording of the order and expenses.