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Item Number B/KH/11/2/3/6/1 Item Type Archive
Item Name document Quantity of Item 10
Classification Licences, Patents & Litigation Associated Date 1888
Description Correspondence from J H M Bairnsfather of the Burntisland Oil Company Limited regarding litigation brought by his Company against the Town Council for damage to the land due to high water levels at Kinghorn Loch. 1888. Mr Bairnsfather informs Mr Dow that he has asked Mr Wallace of Burntisland to act in the matter on behalf of the Company and asks Mr Dow to provide him with the productions and that he will make up the papers and lodge them with Mr Balfour. He goes on to tell him that if each party lodge a written argument, that it would save on expenses which have been limited to ?20 against his Company. dated 7th February Mr Bairnsfather writes that he visited Kinghorn Loch and was surprised to discover that, by means of certain operations, the Town Council had so dammed up the loch as to cause the water to regurgitate to a very considerable extent upon the property of his Company. He goes on to tell Mr Dow that he has been instructed to ask the Council what amount of compensation the Company will receive for the destruction and loss of their lands in order to avoid litigation. dated 8th February Mr Bairnsfather requests that a Director be appointed to replace the late Mr Waddell to avoid delaying the matter. dated 10th February Letter enclosing joint memorial and reference regarding the 'water question' and asking the Council to sign and return them. dated 11th February Note of thanks for copies of the Agreement between the Company and the Burgh. dated17th February Letter to the Council saying that their position is untenable and asking for a copy of the Town Council Minutes and Articles of Roup referred to in the original contract. Mr Bairnsfather asks if he is to understand that the Council decline to do anything to bring the loch down to its former level. dated 24th February Reply letter to the council saying that the former level of the loch should leave a margin around it, the extent of which is given in the Title Deeds as 1 acre, 3 roods, 12 falls and 22 ells. Mr Bairnsfather goes on to say that, presently not only is this under water but also a considerable extent of the Company's land. He goes on further to say that the Road Trustees are also complaining as the height of the water is damaging the public road. 1st March Letter explaining the complaint of the Company that Kinghorn Burgh has, through their operations, raised the level of the Loch and caused the water to encroach upon the Company's lands. dated 9th March Letter beginning 'it appears that you either misunderstand what I stated or purposely misconstrue my words'. The writer goes on to explain the problem of water levels in the Loch and states that the level of the loch is the level at which it stood when the lands were possessed by George or David Downie, John Goodwillie, and John Meldrum. He goes on further to say that there can be no difficulty in the Burgh opening the sluice in order to allow the flow of water to be increased. dated 15th March Letter saying that the Company Directors visited the Kinghorn Loch and were annoyed to learn that the Burgh had erected a fence along the east end of the loch. The writer demands that the fence is removed within two days. 23rd May 10 documents
Institution Fife Council Archive Centre
Geographic Location
Associated Organisations
Burntisland Oil Company Ltd
Associated Places
Binnend Oil & Mineral Works
Kinghorn Loch
Associated People
Bairnsfather, J H M
Waddell, George