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.
Times 27-Jul-2000,  ScotCS 178,  ScotCS 179
Land, Limitation, Scotland
Updated: 18 May 2022; Ref: scu.78518