A separate tenement may become part and pertinent of another tenement by long possession.
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Walter Young having apprised a piece of waste ground in the west side of Mary King's closs and being therein infeft, pursues William Carmichael to remove therefrom, who alleged absolvitor, because he stood infeft in a tenement on the east side of the closs, over against the waste ground in question, with parts and pertinents, and possessed the waste ground as part and pertinents of his tenement the space of 40 years, and thereby prescribed a right thereto. It was answered, That no prescription can take place by possession, without a title; but the defender's infeftment could be no title for possessing this waste ground; first, Because it was separatum tenementum, bruiked by a several infeftment competent to the pursuer's author, from whom he had apprised and produced his predecessor's infeftment in anno 1556; 2do, The defender's infeftment is bounded, and bears his tenement to lie upon the east side of King's closs, and so can be no title to possess this waste ground lying upon the west side of the closs. It was answered, That there being no infeftment of the waste ground since the year 1556, it might become part and pertinent by long possession;——“Which the Lords found relevant, but withal found that the defender's infeftment being bounded, as said is, could be no title for the prescription of this waste ground lying without the bounding.”
