Pasturage is, in itself, a well-recognised servitude. Lord Grieve said that the number of cattle that may be put on the lands of the servient tenement must not exceed that which is ‘proper to the dominant’ – that, is, that the number that the proprietor of the dominant tenement can support from his own resources.
Judges:
Lord Fraser of Tullybelton, Lord Grieve
Citations:
1978 SC (HL) 19
Jurisdiction:
Scotland
Cited by:
Cited – Moncrieff and Another v Jamieson and others HL 17-Oct-2007
The parties disputed whether a right of way over a road included an implied right for the dominant owner to park on the servient tenement.
Held: The appeal failed. ‘The question is whether the ancillary right is necessary for the comfortable . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 14 May 2022; Ref: scu.260022
