---
title: Scott v Drummond
description: "Case Report: (1866) 4 M 819 **Key points:** Right of way terminus at seashore - distinction between seashore generally and right of way terminus - necessary characteristics of terminus of a right of way - procedural necessity to state claim…"
url: "https://scotways.com/ken/scott-v-drummond/"
updated: "2025-06-05"
category: Public rights of way and private servitude rights of way / Creation of public rights of way – need for public place end points
tags:
  - Case Law Public rights of way and private servitude rights of way
  - Court Case
  - "Creating Rights of Way - Need for Public Places"
  - Public rights of way and private servitude rights of way
  - Rights of Way
---

# Scott v Drummond

Case Report: (1866) 4 M 819

**Key points:** Right of way terminus at seashore - distinction between seashore generally and right of way terminus - necessary characteristics of terminus of a right of way - procedural necessity to state claim clearly.

**The facts:** This case follows on from Darrie v Drummond, above, which failed because Scott did not aver (i.e. claim as part of the Action) that the terminus was a ‘public place’.

**Legal arguments:** Drummond argued that the question of the shore as a public place required to be proved. The Court allowed the matter to go to a jury to be resolved.

**Comments:** As the report dealt only with procedural matters, we are not told the outcome, though the case reinforces the need to establish the particular character of a part of the seashore which is claimed as the terminus of a right of way.

Case referred to: [Darrie v Drummond (1865) 3 M 496](https://scotways.com/ken/darrie-v-drummond/)