In an action of declarator of joint-right or common property in a piece of water alleged to be part of an inland loch, in which the pursuer and defender had equal rights, the latter asserted that he was the sole owner and the only riparian proprietor of the water, which bore a different name, and was separated from the loch by a causeway erected upwards of forty years previously, and not since taken exception to.- Held [affirming judgment of Court of Session- dub. Lord Blackburn] that the two pieces of water must be held to be separate lochs, judging, inter alia-[1] from their difference of name; [2] from the configuration of the ground; and [3] from the existence of the causeway for the period of prescription.
Review by Lord Blackburn of the common law regulating the rights of different parties in respect of their occupation of property along the banks of a lake.
Judges:
Lord Chancellor, Lord Selborne, Lord Blackburn, and Lord Gordon
Citations:
[1878] UKHL 755, 15 SLR 755
Links:
Jurisdiction:
Scotland
Land
Updated: 11 October 2022; Ref: scu.646307