M'Robert v. Reid and Others

Subject_1 Road Subject_2 Right-of-Way Subject_3 Right of Frontager to Use it as an Access to his Property Subject_4 Interdict — Defence — Relevancy.

Expenses — Public Authorities Protection Act 1893 (56 and 57 Vict. cap. 61), sec. 1 (b) — Applibility. Facts: When a public right-of-way is once established, the user cannot be confined to travellers from end to end. Accordingly a frontager whose lands abut on the public right-of-way is entitled in his capacity as a member of the public to use it as an access to his property from either terminus.

In an action by a proprietor against the owner of an adjoining estate to prevent him using as an access to his property a path which passed through his (the pursuer's lands), the defender, whose property abutted on the path in question, pleaded that he was entitled to use it in respect that it had been used by the public as a public right-of-way for more than forty years.

Held ( diss . Lord Johnston) that the defender was entitled to plead the public right-of-way, and, the right having been vindicated, to absolvitor .

Opinion ( per Lord Johnston) that the defender was not entitled in his capacity as a member of the public to use the route as an access for his property, and that accordingly as he did not plead a servitude of way, interdict should be granted as craved.