Once a servitude right and its scope are established, it ‘must be rendered as little burdensome to the servient tenement as is consistent with its fair exercise.’
Judges:
Lord Gifford
Citations:
(1876) 3 R 485
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, Scotland
Updated: 01 May 2022; Ref: scu.260033
