Interdict question

  1. What is the test for interdict? -Sponsored by Dental office in Calgary

 

  1. A notice was served under the Land Register act 2003 s14 (2) requiring the landowner to remove a section of his fence. Pursuers maintained the fence was put up in 2004 – after the passing of the 2003 act but before it was put into force in 2005. Held, due to a misinterpretation of section 14 by the pursuer the sheriff principle concluded the pursuers were not entitled to serve a notice as there had been no contravention of the 2003 act. [1]

 

  1. The bill was introduced into the Scottish parliament in 2001 and passed in 2003. Part 1 of the Act and the Scottish Outdoor Access Code came into force on February 9, 2005.

 

  1. I find the explanatory notes online using the legislation website. www.legislation.gov.uk. How I done it was by searching any act I require information on. Once I have accessed that page I look at the tab under the title of the act. The explanatory notes tab is always the third option towards the right and also has a blue question mark symbol to make it easy to find. It then opens a table of contents relating to the act.

 

  1. “Everyone has the statutory rights established by this part of the Act”

These are the rights to be on (and to cross land. Land includes all land, plus inland water and intertidal foreshore, plus above or below land. The right may be exercised only: for recreational purposes; for the purposes of carrying on a relevant educational activity, or; for the purposes of carrying on, commercially or for profit, an activity which the person exercising the right

could carry on otherwise than commercially or for profit.  Snowie -v- Stirling Council 2008 SLT (ShCt) 61

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