To warrant the remedy of summary ejection, the defender’s possession of premises has to be vicious, that is obtained by fraud or force, or precarious possession: ‘A precarious possession is a possession by tolerance merely.’
Judges:
Lord President Inglis
Citations:
(1881) 8 R 737
Cited by:
Cited – Regina v City of Sunderland ex parte Beresford HL 13-Nov-2003
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply.
Held: . .
Lists of cited by and citing cases may be incomplete.
Scotland, Land
Updated: 29 April 2022; Ref: scu.187794
