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Subject_1 Property Subject_2 Lateral Boundary on Foreshore Subject_3 Summons Subject_4 Conclusions.
Servitude of Gathering Seaware. Facts: 1. Application of principle laid down in the previous report of this case. 2. Where a pursuer concludes to have a particular line declared as the legal march between him and another, it is competent to fix a different line within the line concluded for.
A right of gathering seaware for the purpose of being converted into kelp is inconsistent with the nature of a predial servitude, not being for the advantage of the dominant tenement, but a mere means of obtaining mercantile advantage. Question , whether there can be a servitude of gathering or cutting seaware for the purposes of an estate.
The summons at the pursuer's instance contains conclusions of an alternative march or boundary, up to the one or other of which southwards Page: 279 ↓
Under this remit Dr Johnston's second report, dated 14th January 1867, was made, stating that he had laid down in red ink on the Ordnance Survey map the straight line and perpendicular line directed by the Court.
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