Sheriff Court case considering use of a common drying green on which Mr and Mrs Duncan erected a fence and created an area for exercising and toileting their dogs. The sheriff had little difficulty in coming to the view that that was an extraordinary and unacceptable use of common property and granted orders requiring the Duncans to remove the fence and also interdicting them from allowing their dogs to exercise, defecate or urinate on the drying green.

The full judgement is available from Scottish Courts here.

All of our property and conveyancing case summaries are contained in the LKS Property and Conveyancing Casebook here.