Outer House case concerning a dispute over ownership of the lands of Drumpellier and Langloan (including the Bargeddie Industrial Estate) in Lanarkshire.

Following an examination of the terms of the title deeds, Lord Woolman found that Drumpelier and Mount Vernon Estates held a real right in the property. On the other hand, the title held by Mr Meehan (and others) was to the superiority only. (Superiorities were abolished with the abolition of the feudal system in 2004.)

Even if Mr Meehan’s title had included the dominium utile (or vassal’s interest in the property which was converted into outright ownership on abolition of the feudal system), one of the title deeds in the chain was a non domino (from someone who is not an owner) and would have required to have been fortified by prescriptive possession.  There was no evidence before the court that either Mr Meehan or his predecessors in title had ever possessed the property.

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.