Moncrieff -v- Jamieson : Background
The Moncrieffs and the Jamiesons were neighbours at Sandsound in Shetland. Jimmy & Alison Moncrieff stayed at Da Store which is situated very close to the sea at the bottom of a steep cliff. The only way for the Moncrieffs to access the property is on foot down a long flight of stairs having parked their motor vehicles at the top of the cliff on land belonging to Bruce Jamieson. In August 1998 Keith Jamieson (the son of Bruce Jamieson) and his wife, Eloise Jamieson, commenced the building of a stone dyke around their property. This wall was to square off the Jamiesons’ garden and would effectively have cut off access to the parking/turning area used by the Moncrieffs.
Discussions took place but the Jamiesons appeared unwilling to change the line of the new wall. According to the Moncrieffs, it was made clear to them that the Jamiesons wished to straighten up their garden boundary and were not concerned by the affect that this would have on the Moncrieffs’ access. The Moncrieffs were therefore left with little alternative but to raise interdict proceedings at Lerwick Sheriff Court to prevent building works continuing. Thus commenced 9 years of litigation which went from the Sheriff Court to the Court of Session and ended up in the House of Lords.
Ultimately the legal point at issue was whether or not you could have a servitude right to park as an ancillary right to a right of access. This point was undecided in Scots law which made the case one that could be taken all the way to the highest court in the land.
For advice on servitude rights or parking law contact Brian Inkster on 0141 229 0880 or send Brian an e-mail.