Kernaghan and others v City of Edinburgh Council

Roads – Boundary wall – Use of solum of wall – Title to sue: Court of Session: Dismissing an action in which the heritable proprietors of a strip of land on which a boundary wall had been erected and the solum of which they considered to be a ransom strip, sought, inter alia, declarator that the solum of the wall could only be used for the erection of a wall, the court held that the pursuers did not have title to pursue the action without the concurrence of the sporting club whose land was bounded by the wall.

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