A new servitudes over land may arise as alterations take place in the progress of society.
Judges:
Lord Ivory
Citations:
(1853) 15 D 768
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: 30 November 2022; Ref: scu.260021
