Cumbernauld and Kilsyth DC v Dollar Land (Cumbernauld) Ltd
Language: English Series: Scottish Civil Law Reports ; 1992 SCLR 668-682(15) | Scots Law Times ; 1992 SLT 1035-1044(10)Publication details: 1992Subject(s): Summary: Court of Session 8 April 1992. Conveyancing - right of way - prescriptive use - constitution of public right of way - user by right - Prescription and Limitation (Scotland) act 1973 s3(3). A "public right of way" in the Prescription and Limitation (Scotland) Act 1973, s.3, is descriptive of the use of land ceasing to be subject to challenge after being enjoyed for the prescriptive period, and such use can be tested objectively by reference to the volume and quality of public use; the proprietor`s motive in acquiescing in public use is irrelevant unless he has done something to make the public aware that it is by his leave rather than as of right.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | A159 (Browse shelf(Opens below)) | 1 | Available | 27355-1001 |
Court of Session 8 April 1992. Conveyancing - right of way - prescriptive use - constitution of public right of way - user by right - Prescription and Limitation (Scotland) act 1973 s3(3). A "public right of way" in the Prescription and Limitation (Scotland) Act 1973, s.3, is descriptive of the use of land ceasing to be subject to challenge after being enjoyed for the prescriptive period, and such use can be tested objectively by reference to the volume and quality of public use; the proprietor`s motive in acquiescing in public use is irrelevant unless he has done something to make the public aware that it is by his leave rather than as of right.