The 384th section of the Glasgow Police Act 1866 empowers the Master of Works to call upon ‘any proprietor or occupier of a land or heritage to fence the same, or repair any chimney-stalk, . . or any rhone, sign-board, or other thing connected with or appertaining to any building thereon, which appears to be dangerous.’
Held (affirming judgment of Court of Session that a proprietor of lands which were bounded by the Clyde, a public navigable river, and through which there ran parallel to the river a public right-of-way, which was fenced off on that side only of the path which was beneficially occupied, could not be called upon under the above-quoted section to erect a fence upon the other side of the path adjoining the river.
Judges:
Lord Chancellor, Lord Hatherley, Lord Selborne, Lord Blackburn, and Lord Gordon
Citations:
[1878] UKHL 386 – 1, 15 SLR 386 – 1
Links:
Jurisdiction:
Scotland
Land
Updated: 08 October 2022; Ref: scu.646297