A landowner who had no alternative means of access to his land could not lose a right of way to it by a failure to use it. It was not a right of servitude, but rather an incident of the rights inherent as owner. The inapplicability of periods and rules of limitation in such cases was well established.
Citations:
Times 27-Jul-2000, [2000] ScotCS 178, [2000] ScotCS 179
Links:
Land, Limitation, Scotland
Updated: 18 May 2022; Ref: scu.78518