M'Gregor v. Crieff Co-Operative Society Ltd [1915] UKHL 571 (27 April 1915)

M'Gregor v. Crieff Co-Operative Society Ltd [1915] UKHL 571 (27 April 1915)

The House of Lords held that, although there was no express grant of a general cart right, the evidence established continuous, open, and as-of-right use of the cart access for over forty years. The prescriptive period was satisfied, as the use after 1865 was not shown to be by permission, and the evidence sufficed to presume continuity. Thus, a servitude right of cart access was established by prescription.

Citation
[1915] UKHL 571
Parties
Complainers (applicants/respondents in House of Lords): Mrs Christina M'Culloch or M'Gregor and her two daughters; Respondents (appellants in House of Lords): Crieff Co-Operative Society Limited
Jurisdiction
United Kingdom
Judgment Date
27 April 1915
Procedural Posture
Civil Appeal (servitude/interdict) / Appeal to House of Lords From Inner House, Court of Session
Outcome
Appeal dismissed; judgment of the First Division affirmed with variation.
Legal Topics
Servitude, Prescription, Easements, Evidence, Right of Way
Property Law Scots Law Servitude Prescription Easements Evidence Right of Way

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Christina M'Culloch or M'Gregor and her two daughters

Complainers (applicants/respondents in House of Lords)

Crieff Co-Operative Society Limited

Respondents (appellants in House of Lords)

Procedural Posture

Civil Appeal (servitude/interdict) / Appeal to House of Lords From Inner House, Court of Session

Legal Issues

  1. 1 Whether the complainers have a servitude right of cart access by express grant or by forty years' prescriptive possession
  2. 2 Whether the evidence establishes continuous, open, and as-of-right use for the prescriptive period

Ratio Decidendi

The House of Lords held that, although there was no express grant of a general cart right, the evidence established continuous, open, and as-of-right use of the cart access for over forty years. The prescriptive period was satisfied, as the use after 1865 was not shown to be by permission, and the evidence sufficed to presume continuity. Thus, a servitude right of cart access was established by prescription.

Court Disposition

Appeal dismissed; judgment of the First Division affirmed with variation.

Orders

  • Interdict granted against Crieff Co-Operative Society Ltd from obstructing the complainers' cart access via Bell's Entry, subject to variation allowing the servient owner to alter the route provided equivalent convenience is maintained.
  • Respondents (Crieff Co-Operative Society Ltd) to pay costs.