Activities which are reasonably incidental to the enjoyment of a right of access over land may be incorporated in the right.
Sheriff Principal Caplan
1988 GWD 40-1653
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.
Updated: 01 May 2022; Ref: scu.260026