Case Report: (1830) 8 S 584

Key points: Obstruction of right of way – wall built across road – right to remove obstruction – risk of compounding wrongdoing.

The facts: A dry stone dyke or wall was built by Macdonald across a kirk, market and mill road used by members of the public. It was demolished by Watson shortly after its erection. Macdonald sought an Order from the local Sheriff Court for Watson to rebuild it. Watson contended that, as the wall had been built without any lawful warrant and had only just been built, he was entitled to remove it. The Sheriff refused to grant the Order and granted expenses against Macdonald. Macdonald appealed to the Court of Session, which refused his appeal.

Comments: No cases were cited in support of this decision, nor were the detailed judgements of the Appeal Court reported. It is therefore of doubtful authority.

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