tenements, landownership and water Flashcards
1
Q
importance of title deeds?
A
sets out the default rules - must always look at first before applying general law
2
Q
what is a pertinent?
A
an area of property not officially owned by any resident in the tenement (e.g. a close or lift)
3
Q
obligations on riparian proprietors:
A
- common interest (interference of flow)
- nothing amounting to nuisance (pollution)
- common law public rights (fish)
- statutory obligations (canoe)
4
Q
what is encroachment?
A
permanent or quasi-permanent invasion on a person’s land without consent or lawful authority
5
Q
case of encroachment?
A
duke of buccleuch v magistrates of edinburgh
