Search Results for: Prescription and Limitation (Scotland) Act 1973 3(3)

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Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd: SCS 1992

(Inner House) When Cumbernauld town centre was built, a walkway was provided between the shopping centre and residential areas. It was used for many years, but then closed to prevent crime. The authority sought an interdict to keep it open as a public right of way. The court discussed the application of prescription to public … Continue reading Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd: SCS 1992

Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd: HL 22 Jul 1993

A walkway had existed from the town centre to residential areas. When the land was acquired the defendant new owners sought to close the walkway. The authority asserted that a public right of way had been acquired. Held: There was no need to demonstrate any conflict of interest between the proprietor and users to establish … Continue reading Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd: HL 22 Jul 1993