We love it when Judges illustrate their Judgements with a little
glimpse of real life. In an important Canadian Judgement a few
years ago the Honourable Mr Justice J Donohue said
"Among its many charms Huron County boasts magnificent sunsets.
If you look west from the plaintiffs' right of way along the lake
bluff on a summer's evening the spectacle of the fiery orb sinking
into the inland sea is sure to instill a sense of calm
tranquillity. That feeling is an illusion! The very ground beneath
your feet convulses in contending claims of adverse possession,
prescriptive casement, and proprietary estoppel. It is a privilege
of the people to enjoy the sunsets but the lot of lawyers to
litigate land disputes".
These remarks were quoted more recently by the Court of Session
in a bitter land dispute in Shetland about parking. Both cases bear
out how beautiful surroundings, even in Scotland, don't necessarily
lead to peace and tranquillity.