| HOUSE OF LORDS | SESSION 2006–07 |
[2007] UKHL 42
on appeal from:
OPINIONS
OF THE LORDS OF APPEAL
FOR JUDGMENT IN THE CAUSE
Moncrieff and another (Respondents) v. Jamieson and others (Appellants) (Scotland)
Appellate Committee
Lord Hope of Craighead
Lord Scott of Foscote
Lord Rodger of Earlsferry
Lord Mance
Lord Neuberger of Abbotsbury
Counsel
Appellants: Respondents: Andrew Hajducki QC Iain Mitchell QC Gordon Junor Nicholas Holroyd
(Instructed by Anderson & Goodlad) (Instructed by Inksters)
Hearing dates:
11 and 12 July 2007
ON
WEDNESDAY 17 OCTOBER 2007
HOUSE OF LORDS
OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT
IN THE CAUSE
Moncrieff and another (Respondents) v. Jamieson and others
(Appellants) (Scotland)
[2007] UKHL 42
LORD HOPE OF CRAIGHEAD
My Lords,
1. The pursuers are husband and wife and live with their three children in subjects known as “Da Store”, Sandsound, Shetland, of which they are the heritable proprietors. At the time when these proceedings began the first defender was the heritable proprietor of a nearby dwellinghouse known as “The Storehouse” where he lived with his wife, who is the second defender. The third defender is the father of the first defender. He is the heritable proprietor of lands surrounding The Storehouse lying between Da Store and the Sandsound public road. Da Store is bounded on the west by an arm of the sea known as Sandsound Voe and on its east and south sides by lands owned by the third defender. It is bounded on the north side by lands which are in separate ownership.
2. Da Store previously formed part of the lands now owned by the third defender. It was separated from those lands by a disposition by Mitchell George Alexander Georgeson in favour of Mrs Margaret Stuart which was recorded in the Division of the General Register of Sasines applicable to the Counties of Orkney and Zetland on 3 September 1973. The situation of “Da Store” is such that it has no direct access to the system of public roads that serves the community in that part of Shetland. So among the rights conveyed by the disposition, to be enjoyed together with the lands on which the subjects are situated, was the following: “(Fourth) a right of access from the branch public road through Sandsound.” The branch public road is the road referred to as the Sandsound public road in the previous paragraph.
3. Da Store lies at the foot of a steep escarpment close to its boundary with the lands owned by the third defender. The buildings are situated between the foot of the escarpment and the foreshore. They are not accessible from the lands which lie to the north side of the property. They are accessible from the lands belonging to the third defender on the east side. But this is possible on foot only, by means of a gate and a stairway. Vehicles cannot be driven onto any part of the land on which Da Store is situated. It is common ground that the…
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- AGLC
- Moncrieff v Jamieson [2007] UKHL 42
- Case
- [2007] UKHL 42
- Decision Date
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