The proposition that the dominant proprietors are the only persons interested in an easement cannot be taken too strictly. The right extends to the proprietors’ guests, visitors, employees and others who come there for the purposes to which the land is being put. But that use must be within the intended scope of the servitude and it must not impose an undue burden on the servient tenement.
Judges:
Lord Clyde
Citations:
1993 GWD 27-1712, Unreported, 2 April 1993
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: 04 December 2022; Ref: scu.260027