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Scotland decisions
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Alan John Thow against Paul Geoffrey Dale and another (Sheriff Court Civil) [2025] SCPER 65 (07 August 2025)
A Scottish sheriff refused a neighbour’s boundary and obstruction claims over a shared access drive, holding the defenders’ posts and dwarf wall did not block access.
RECLAIMING MOTION BY BAM TCP ATLANTIC SQUARE LTD AGAINST BRITISH TELECOMMUNICATIONS PLC; AND FIRLEIGH LTD [2021] ScotCS CSIH_44 (20 August 2021)
The Inner House considered whether a fenced-off York Street ramp was common property, and held that proof before answer was needed on possession and prescription.
PETITION OF PHG DEVELOPMENTS FOR RECTIFICATION OF DEED OF CONDITIONS [2020] ScotCS CSOH_58 (09 June 2020)
The Court of Session held that PHG pled a relevant case for rectification of a deed of conditions, and allowed proof before answer.
BAM TCP ATLANTIC SQUARE LTD AGAINST (FIRST) BRITISH TELECOMMUNICATIONS PLC AND OTHERS (Rev 1) [2020] ScotCS CSOH_57 (29 May 2020)
The Court of Session held that the Ramp was intended as common property under a deed of conditions, but proof was needed on possession for rectification and prescription issues.
CHARLOTTE WAELDE v FELIX ULLOA [2016] ScotSC 30 (14 April 2016)
A sheriff held the defender liable for one-third of skylight repair costs under the Tenement Management Scheme, but not for Velux-related repairs.
Hunter v. Tindale [2011] ScotSC 38 (22 July 2011)
Appeal allowed in a tenement repair dispute. The Sheriff Principal held that the pend at 123 Constitution Street was part of the tenement and its owner had to contribute.
Black v. Duncan & Anor [2011] ScotSC 30 (17 May 2011)
A Scottish sheriff held that one co-owner could not fence off common drying green without clear consent and interdicted dog fouling as a nuisance.
Abacus Estates Ltd v Bell Street Estates Ltd & Ors [2006] ScotCS CSOH_192 (15 December 2006)
The court construed repairing clauses in a head lease and sub-lease, holding that liability for common parts was by reimbursement, not direct repair.
William & Anor v. Sinclair & Anor [2006] ScotSC 10 (23 February 2006)
The Sheriff Principal refused an appeal about a mutual access way, holding that historic use did not define co-proprietors’ ordinary rights of access.
Tolley v. Abbey Life Assurance Company Ltd & Ors [2004] ScotCS 111 (07 May 2004)
The Court of Session allowed the case to proceed to proof before answer over disputed surrender payments from jointly held investment policies.
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