BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Presbytery of Perth v The Magistrates of Perth. [1728] Mor 10723 (24 December 1728)
URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor2510723-034.html Cite as:
[1728] Mor 10723
Effect of the Negative Prescription, relative to Rights of Property.
Presbytery of Perth v. The Magistrates of Perth
Date: 24 December 1728 Case No. No 34.
Click here to view a pdf copy of this documet : PDF Copy
In a declarator of the property of lands, the defenders, who had been above 40 years in possession, without offering to produce any title, objected to the pursuers the negative prescription. The answer was, That where a complete right of property is once established, such right must for ever remain, unless where transmitted by conveyances legal or conventional, or unless where acquired by a third party, in virtue of the act 1617, by the positive prescription, which holds a fortiori in this case, the defenders having produced no sort of title. The Lords repelled the allegeance of negative prescription, in respect of the answers, that the defenders had produced no title. See Appendix.
