Servitude of Mineral Well – Possessory Judgment.- A party claimed a servitude over a mineral well in his neighbour’s field, near the mutual fence dividing their properties, and alleged the use and possession thereof for time immemorial. The Sheriff sustained his claim as a servitude. On advocation the interlocutor was varied, so as to leave out any finding as to a servitude. Held in the Court of Session and House of Lords, that he was entitled to the possessory judgment, as to his use of the well, and to have access thereto by a stile over the stone wall.
[1781] UKHL 2 – Paton – 579, (1781) 2 Paton 579
Bailii
Scotland
Land
Updated: 13 January 2022; Ref: scu.562115