Scottish Court of Session Decisions

Subject_1 SERVITUDE.
Subject_2 SECT. I.

Right of Servitude, how established.

Purdie
v.
Steil

Date: 20 July 1749
Case No. No. 11.

Servitude not implied by 40 years practice of leading corn through a neighbour's stubble.

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Thomas Purdie had been in the use of bringing home his corns after harvest through a ridge of ground belonging to Steil and his authors, after their corns on the said ridge were cut down, and that for the space of 40 years.

This, however, was found not to establish a servitude. In the case of town acres, every one, after the corns are cut down, leads his corn through his neighbour's ground, which, though done for 100 years, will not infer a servitude.

Fol. Dic. v. 4. p. 279. Kilkerran, p. 517.