R. Clark & Sons v. School Board

R. Clark & Sons, undertakers, Perth, presented a petition to the Magistrates of Page: 717 ↓

In virtue of these provisions in the titles the objectors claimed that the petitioners were not entitled to build on any ground which came within 14 feet measured in any direction from any part of the west gavel of the dwelling-house referred to, and that as the buildings proposed to be erected were partially in that position authority for their erection should not be granted.

The further facts in the case, so far as important, sufficiently appear from the Dean of Guild's interlocutor and note.

Note .—“The only objection the compearing respondents have to the petitioners obtaining warrant as craved is that the petitioners propose to place the north wall of their intended workshop within fourteen feet of the west gable of their, the respondents', tenement in violation of the servitude of lights in their favour imposed on the petitioners' property. The petitioners admit that such a servitude has been constituted in favour of the objector's tenement, but deny that their buildings will in any part come within the restricted area.

It seems that in 1798 the different subjects which now belong to the petitioners, the compearing respondents and the respondent Nairn (who does not appear to object) respectively, belonged wholly to Mr John Duncan, who conveyed the portion of his subjects which now belongs to the compearing respondents to Alexander Bald, and in the disposition he imposed a servitude on the subjects retained by him for the benefit of those sold to Mr Bald.