Sheriff Appeal Court Success for David Anderson

Westwater Advocates’ David Anderson successfully represented the respondents in an appeal against a sheriff’s decision as to the proper interpretation of a servitude. The appellants contended that the servitude permitted them to take access to their property to build a second house. They sought a declarator in this regard. The respondents argued that the appellants could not take access across their land for this purpose. David represented the respondents before the sheriff, who dismissed the action. The appellants appealed to the sheriff appeal court. The appeal sheriffs refused the appeal, holding that the title deeds did not entitle the appellants to the declarator they sought. Click here to read the judgement.

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