Lady Smith said that she could not conclude that Scots law recognises, in principle, a servitude right of parking independent of any right of access.
Judges:
Lady Smith
Citations:
[2004] ScotCS 198, 2004 GWD 25-539
Links:
Jurisdiction:
Scotland
Citing:
Cited – London and Blenheim Estates Ltd v Ladbroke Retail Parks Ltd ChD 29-Jul-1992
A right to park was claimed as an easement.
Held: The question whether the right to park that had been claimed was consistent with the nature of an easement was one of degree: ‘A small coal shed in a large property is one thing. The exclusive . .
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: 11 June 2022; Ref: scu.199850
