Argyll baroness loses court battle
THE OWNER of a Scots estate has lost a legal battle to preserve a small 45-year- old chalet that had been built on her land.
Baroness Miranda Van Lynden wanted judge Lord Philip to rule in her favour during proceedings at the Court of Session in Edinburgh.
The landowner is in charge of the Ballimore Estate in Argyll and the house is located within its grounds.
She had taken the chalet’s current resident Colin Gilchrist to the court after he indicated that he wanted to pull the property down. Mr Gilchrist claimed he had the legal right to remove it.
Baroness Van Lynden claimed that Mr Gilchrist didn’t have the right to do that as she was the actual owner of the chalet. She asked the court for an order to stop Mr Gilchrist from carrying out his plan.
However, Lord Philip ruled in Mr Gilchrist’s favour after studying legal documents.
The judge concluded that these documents showed the resident had the right to determine what happened to the chalet.
In a written judgement issued by the court last Thursday, Lord Philip wrote: ‘In these circumstances, I shall sustain the pleas in law for the defender and repel the pursuer’s pleas in laws in their entirety.’
The Balliemore Estate