An owner of a house in a burgh which stood back some feet from the street line, but had a plot of ground in front separated from the street by a railing fixed on a wall, removed the latter and took down the front of the house, intending to rebuild it in advance. The Police Commissioners thereupon served him with a notice, under the 162d section of the General Police and Improvement (Scotland) Act 1862, to the effect that he must keep the new front wall of his house ‘in a line with that of the adjoining house.’ Held (affirming the judgment of the Court of Session) that that section of the Act did not apply, as there was no ‘house or building’ which had been taken down, the railing and wall not being a ‘house or building’ in the sense of the statute.
Judges:
Lord O’Hagan, Lord Selborne, Lord Blackburn, and Lord Gordon
Citations:
[1878] UKHL 765, 15 SLR 765
Links:
Jurisdiction:
Scotland
Land
Updated: 08 October 2022; Ref: scu.646312