CHRISTOPHER HUGO NIALL BURGESS-LUMSDEN AND ANOTHER v. ABERDEENSHIRE COUNCIL

CHRISTOPHER HUGO NIALL BURGESS-LUMSDEN, residing at Pitcaple Castle, Pitcaple, Aberdeenshire and DAVID PATON, residing at Grandhome, Aberdeen, as Trustees and Executors-Nominate of the late the Right Honourable Michael Canning William John Keith, Thirteenth Earl of Kintore, late of the Stables, Keith Hall, Inverurie, conform to Confirmation in their favour granted by the commissariat of Grampian Highland and Islands at Aberdeen on 4 th July 2005 and an Eik to the Confirmation in their favour granted by the Sheriff Principal of Grampian Highland and Islands on 19 th January 2007.

ABERDEENSHIRE COUNCIL, having its offices at Gordon House, Blackhall Road, Inverurie, AB51 3WA.

The Sheriff, having resumed consideration of the cause, Sustains the Defenders' first plea-in-law and dismisses the action; Certifies the debate as suitable for the employment of junior counsel; Finds the Pursuers liable in expenses to the Defenders including those of the earlier diet of debate and the amendment procedure; Allows an account thereof to be given in and remits the same when lodged to the auditor of court to tax and to report.

This came before me on 2 nd February 2009 as a debate on the Defenders' first plea-in-law, viz:- that the Pursuers' averments are irrelevant, lacking in specification and accordingly the action should be dismissed. The Pursuers were represented by Mr Holmes, Solicitor and the Defenders by Mr Stuart, QC.

The Defenders' statutory predecessors sold and conveyed the subjects to Mr & Mrs Payne by Disposition recorded 21 st May 1979 ("the 1979 Disposition."). That Disposition referred to the Feu Charter for a description and for burdens. The subjects, which are now registered in the Land Register, are a private dwellinghouse.