Show Search Results Show Browse

Scottish National Dictionary (1700–)

Hide Quotations Hide Etymology

Abbreviations Cite this entry

About this entry:
First published 1965 (SND Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.

MOLESTATION, n. Sc. Law: the troubling or disturbing of a holder or occupier of lands in his legal possession (Sc. 1946 A. D. Gibb Legal Terms 56). Freq. in phr. action of molestation, an action at law for the defence against such encroachment (Ib.).Sc. 1722 W. Forbes Institutes II. iii. 202:
Molestation is the disturbing, molesting, and disquieting an Heretor of Lands, and his Tenants, or others claiming under him, in the free and peaceable Possession, and Enjoyment of some Part or Pertinent thereof, by the Proprietor, or Proprietors of adjacent Lands, their Tenants, Servants, or others in their names, Tilling or Sowing it, or Pasturing their Cattle upon it, as if it were their own.
Sc. 1754 Erskine Principles iv. i. § 24:
An action of molestation is a possessory action, competent to the proprietor of a land-estate, against those who disturb his possession.
Sc. 1838 W. Bell Dict. Law Scot. 657:
An action of molestation is a possessory action, calculated for continuing proprietors in the lawful possession of their lands during the dependence of any question in relation to the right thereto.

[O.Sc. molestacioun, id., 1456.]

You may wish to vary the format shown below depending on the citation style used.

"Molestation n.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 19 Apr 2024 <http://www.dsl.ac.uk/entry/snd/molestation>

18810

snd

Hide Advanced Search

Browse SND:

    Loading...

Share: