The petitioner complained that the responders had constructed various properties near her house in such a way as to redirect large volumes of run-off water onto her property.
Held: The petition was dismissed. The petitioner had not relevantly averred circumstances that would give her a title to sue under the statutory provisions to which she referred. Nor did her averments show that the respondents were in breach of their respective duties under the statutes or that they had in any way acted ultra vires.
Judges:
Lord Wheatley, Lord Hardie, Lord Marnoch
Citations:
[2010] ScotCS CSIH – 15, 2010 GWD 9-146, 2011 SLT 196
Links:
Cited by:
See Also – Anderson v Shetland Islands Council and Another SCS 15-Nov-2011
. .
Appeal from – Anderson v Shetland Islands Council and Another SC 29-Feb-2012
The claimant sought leave to appeal. Each party now sought security for costs against the other. Her action related to water damage to her house said to have been caused by road mprovements and building works erected by and with the approval of the . .
Lists of cited by and citing cases may be incomplete.
Scotland, Land
Updated: 14 August 2022; Ref: scu.401009