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Strathclyde Regional Council v Persimmon Homes (Scotland) Ltd

Language: English Series: Scots Law Times ; 1996 SLT 176-182(7)Publication details: 1996Subject(s): Summary: Outer House. Lord Clyde. 7 January 1994. Heritable property - wrongful encroachment - construction of access road - specification of nature of encroachment - appropriate remedy - road constructed on land belonging to local authority - effect on rights of authority as heritable proprietor of grant of planning permission and consent to construct road - no intimation to authority, as owners, of application for construction consent - whether obligation to build road - whether tacit consent - basis of quantification of damages.

Outer House. Lord Clyde. 7 January 1994. Heritable property - wrongful encroachment - construction of access road - specification of nature of encroachment - appropriate remedy - road constructed on land belonging to local authority - effect on rights of authority as heritable proprietor of grant of planning permission and consent to construct road - no intimation to authority, as owners, of application for construction consent - whether obligation to build road - whether tacit consent - basis of quantification of damages.