Servitudes

Question 1

Moncreiff v Jamieson

Answer 1

Parking servitude ancillary to express servitude of access in title deeds. Could essentially have stand alone servitude to park vehicles.

Question 2

Neill v Scobbie

Answer 2

Servitude of electricity not accepted. New servitude must be analgous with existing servitude or required for techno/socioeconomic change.

Question 3

Bowers v Kennedy

Answer 3

“polo mint”. Access to landlocked land – inherent part of property ownership. Imprescriptible – res merae facultatis.

Question 4

Irvine Knitters Ltd v North Ayrshire Coop Society

Answer 4

• only benefited property may take benefit of servitide
• benefited property had a servitude access to access it from the back
• burdened proprietors successfully sought interdict
• Co-op could not use servitude access to bring goods into whole shop

Question 5

Carstairs v Spence

Answer 5

Change in use of servitude is not in itself an increase on burdened property.

Question 6

Grant v Cameron

Answer 6

Express servitude. Deed may stipulate extent of use “for all purposes”

Question 7

Keith v Texaco

Answer 7

• increase in use depends on scale of increased use

- change field to 20 houses was not too great