The defender had occupied the land since June 2006, using it for pallet storage and lorry parking in connection with his business, which he conducts from adjacent land owned by him. The pursuers averred that they were pro indiviso proprietors of the land and that the defender occupied it without right or title. The defender denied that the pursuers own the land, though asserting no right or title himself. The appeal raised the issue of the extent to which a pursuer requires to establish his own title to land in circumstances where a defender, whom he is trying to remove, does not have any title but avers that the land may be owned by a third party.
Lord Justice Clerk, Lrd Carloway
[2015] ScotCS CSIH – 2
Bailii
Scotland
Land
Updated: 24 December 2021; Ref: scu.540500