Servitude – Road – Right-of-Way – Occasional Use – Use for Sport.
In an interdict against the use of a path through a mountain pass the respondent proved that for more than forty years he and his predecessors had used the path as a convenient short cut in passing from one part of their shooting to another. This use was only occasional-extending to ten or twelve times a-year-and was only made late in the shooting season. Between 1846 and 1878 the path was scarcely used by the respondent. Although this use by the respondent was known to the complainer’s foresters, there was no evidence that it had been under the immediate observation of the complainer or his ancesters except on one occasion in 1857 when the use was challenged.
Held ( aff. the decision of the Second Division) that there had been no use to support a claim on the part of the respondent to a servitude right-of-way. This case is reported ante, vol. xxvii. p. 341, and 17 R. 456.
Judges:
Earl of Selborne and Lords Watson and Bramwell
Citations:
[1891] UKHL 925
Links:
Jurisdiction:
Scotland
Land
Updated: 29 June 2022; Ref: scu.636782
