Servitude of Aquaeductus – Part and Pertinent – Possession.- Circumstances in which found, that a party had a right to the run of water, or a servitude of aqueduct, through a neighbour’s lands, without any express grant, but as part and pertinent of a mill; and was entitled to access to do all acts to keep it in repair; and had good right to question the acts of the proprietor, through whose lands it flowed, in so far as these tended to injure or diminish the flow of water to his mill.
[1767] UKHL 2 – Paton – 134, (1767) 2 Paton 134
Bailii
Scotland
Land
Updated: 11 January 2022; Ref: scu.560699