tenements, landownership and water

Question 1

importance of title deeds?

Answer 1

sets out the default rules - must always look at first before applying general law

Question 2

what is a pertinent?

Answer 2

an area of property not officially owned by any resident in the tenement (e.g. a close or lift)

Question 3

obligations on riparian proprietors:

Answer 3

1. common interest (interference of flow)
2. nothing amounting to nuisance (pollution)
3. common law public rights (fish)
4. statutory obligations (canoe)

Question 4

what is encroachment?

Answer 4

permanent or quasi-permanent invasion on a person’s land without consent or lawful authority

Question 5

case of encroachment?

Answer 5

duke of buccleuch v magistrates of edinburgh