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Scotland Case Law

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Contract law [2025] SCLAN 94

Fiona Saleem against Janette Moffat Hyslop or MacFarlane (Sheriff Court Civil)

Fiona Saleem against Janette Moffat Hyslop or MacFarlane (Sheriff Court Civil) [2025] SCLAN 94 (04 December 2025)

A sheriff refused declarator of a property-transfer agreement but awarded Fiona Saleem £36,252.70 for unjustified enrichment from mortgage and bill payments.

  • Requirements of writing (scotland) act 1995
  • Personal bar
  • Consensus in idem
  • Unjustified enrichment
  • Family agreements
  • Heritable property
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Property law [2025] SCSTRAN 68

David Gary Adam and another against Sandra McKinnon and another (Sheriff Court Civil)

David Gary Adam and another against Sandra McKinnon and another (Sheriff Court Civil) [2025] SCSTRAN 68 (09 September 2025)

Sheriff Court boundary dispute over adjacent Scottish properties, where the court fixed several boundaries, ordered removal of encroachments, and rejected part of the defenders' expert basis.

  • Boundary disputes
  • Heritable property
  • Servitude rights
  • Title interpretation
  • Encroachment
  • Admissibility of expert evidence
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Property law [2025] SCEDIN 009

Mrs Isabella Paton Kerr Langskaill against Ms Tracy-Anne Black (Sheriff Court Civil)

Mrs Isabella Paton Kerr Langskaill against Ms Tracy-Anne Black (Sheriff Court Civil) [2025] SCEDIN 009 (21 February 2025)

The sheriff held that the 2011 disposition included the lane, the pursuer had possessed it since 1962, and the defender’s servitude over it had not prescribed.

  • Servitude right of access
  • Negative prescription
  • Title to sue
  • Interdict
  • Heritable property
  • Servitude
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Property law [2024] SACCIV 44

Appeal by Mrs Rumellag Soofi in the cause Santander UK Plc against Sajjad Soofi as Executor Nominate of the Estate of Mrs Bushara Soofi (Sheriff Appeal Court Civil)

Appeal by Mrs Rumellag Soofi in the cause Santander UK Plc against Sajjad Soofi as Executor Nominate of the Estate of Mrs Bushara Soofi (Sheriff Appeal Court Civil) [2024] SACCIV 44 (28 October 2024)

The court held that an executor does not become a proprietor for occupancy-rights purposes, so the executor’s spouse could not seek recall of the decree.

  • Occupancy rights
  • Matrimonial home
  • Executor's powers
  • Entitled resident
  • Recall of decree
  • Heritable property
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Property law [2022] ScotCS CSOH_66

ROBERT DRYSDALE AGAINST ROBERT PURVIS AND ANOTHER, ROBERT PURVIS AND OTHERS AGAINST JOHN HUGH FERRIS AND ANOTHER, ROBERT PURVIS AGAINST ROBERT DRYSDALE

ROBERT DRYSDALE AGAINST ROBERT PURVIS AND ANOTHER, ROBERT PURVIS AND OTHERS AGAINST JOHN HUGH FERRIS AND ANOTHER, ROBERT PURVIS AGAINST ROBERT DRYSDALE [2022] ScotCS CSOH_66 (13 September 2022)

Court of Session rectified missives and a disposition for Cavelstone Farm, holding they failed to reflect the parties’ common intention to include the steading.

  • Rectification of documents
  • Missives of sale
  • Heritable property
  • Common intention
  • Sequestration
  • Interpretation of contracts
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Property law [2025] SCELG 96

Robin Alexander Lovie Falconer against Garry Neil George and another (Sheriff Court Civil)

Robin Alexander Lovie Falconer against Garry Neil George and another (Sheriff Court Civil) [2025] SCELG 96 (07 January 2022)

The sheriff granted ejection against occupiers of a plot at Sweethillock, holding the pursuer had prima facie title and the defenders had no right to remain.

  • Ejection
  • Heritable property
  • Title to land
  • Possession
  • Counterclaim
  • Summary cause procedure
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Property law [2018] ScotSAC Civ 8

FRASER, APPEAL BY AND GEORGE FRASER v GEORGE McDONALD AND MARJORY McDONALD

FRASER, APPEAL BY AND GEORGE FRASER v GEORGE McDONALD AND MARJORY McDONALD [2018] ScotSAC Civ 8 (28 March 2018)

The Sheriff Appeal Court refused an appeal over title to disputed property, holding that the appellants had not shown a manifest inaccuracy warranting rectification.

  • Heritable property
  • Title to land
  • Rectification of title
  • Property-law
  • Land-registration
  • Rectification-of-title
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Property law [2017] ScotSAC Civ 8

GREEN, APPEAL BY STEPHEN AND CAROL v JOHN CHALMERS, THOMAS CHALMERS AND IAIN CHALMERS

GREEN, APPEAL BY STEPHEN AND CAROL v JOHN CHALMERS, THOMAS CHALMERS AND IAIN CHALMERS [2017] ScotSAC Civ 8 (22 December 2016)

The Sheriff Appeal Court dismissed an appeal about title to disputed land, holding the appellants had not shown an inaccuracy in the title or their entitlement to rectification.

  • Title to land
  • Heritable property
  • Rectification of title
  • Property-law
  • Land-registration
  • Title-to-land
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Property law [2016] ScotSC 28

S MCG v M N (AP)

S MCG v M N (AP) [2016] ScotSC 28 (08 April 2016)

The sheriff granted removal of the defender from her son’s property, holding there was no contract or binding agreement giving her a right to remain.

  • Heritable property
  • Occupancy rights
  • Reduction of will
  • Executrix-dative
  • Beneficial ownership
  • Heritable-property
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Criminal law [2016] ScotSC 17

PROCURATOR FISCAL, GREENOCK AGAINST DAVID RUSH

PROCURATOR FISCAL, GREENOCK AGAINST DAVID RUSH [2016] ScotSC 17 (07 March 2016)

The sheriff granted the Crown’s section 107 POCA minute and varied David Rush’s confiscation order after finding he held an interest in inherited heritable property.

  • Confiscation order
  • Variation of confiscation order
  • Available amount recalculation
  • Criminal benefit
  • Heritable property
  • Family home protection
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.