Right of Property – Possession – Part and Pertinent – Accession.- Certain rocks or islands on the coast lay between the estates of two parties. In neither of their rights or titles were there any express mention of those islands or rocks in dispute, but both claimed them, as part and pertinent of their estates, by virtue of possession exercised in pasturing sheep and currying off kelp. The island was nearer to the appellant’s estate than the respondent’s, and he contended that it must have formed a part, at one time, of his land, by accession thereto: Held the proof of long possession on the part of the respondent, of said rocks or islands as part and pertinent of his estate, by pasturing sheep, and carrying off the kelp, and every other act of ownership of which they were capable, gave him the right of property to the same.
Citations:
[1781] UKHL 2 – Paton – 583, (1781) 2 Paton 583
Links:
Jurisdiction:
Scotland
Land
Updated: 13 September 2022; Ref: scu.562110
