The court referred to a clause in the feu charter which described a right of use of an area of ground as a car park as a servitude right as ‘a mere servitude right.’
Judges:
Lord Justice Clerk Grant
Citations:
1973 SC 21
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.
Scotland, Land
Updated: 01 May 2022; Ref: scu.260020