Servitudes Lecture

23 February 2010

Brian Inkster today gave a lecture on the Law of Servitudes to the Conveyancing class at the Law School of the University of Strathclyde

The lecture covered:-

  • the essentials of servitudes
  • the 'fixed list'
  • adding to the fixed list
  • creation of servitudes
  • checking for servitudes
  • the rights and obligations of the benefited proprietors
  • the rights and obligations of the burdened proprietors
  • extinction of servitudes
  • rights that are similar to servitudes

Brian had provided this lecture on servitudes to the Property Law class at the Law School of the University of Strathclyde last year. There have, of course, been a number of developments on the law of servitudes over the past year and Brian was able to highlight these to this year's students:-

Inksters' Legal News (4 April 2009): Court of Appeal considers Moncrieff v Jamieson in the case of Waterman v Boyle [2009] EWCA (Civ) 115.

Greig v Middleton 2009 GWD 22-365 - Use of pedestrian access through neighbours back garden not of sufficient volume and character to establish a positive servitude.

Holms v Ashford Estates Limited [2009] CSIH 28; 2009 SLT 389 - Interesting analysis of "ouster" principle in Moncrieff v Jamieson.

Compugraphics International Ltd v Nikolic [2009] CSOH 54 - Scots law recognises servitudes in the nature of jus projiciendi (overhang) and recognition in Scots law of servitudes in the nature of oneris ferendi (support) is not restricted to cases of one building resting on another.

SP Distribution Ltd v Rafique 2009 GWD 40-688 - Express servitude of access to cellars did not include by implication a right to construct a flight of steps. Reference to Moncrieff v Jamieson and ancillary rights.

Garson v McLeish 11 December 2009, Kirkwall Sheriff Court - Cannot extend an access road to include the verge as this would alter the nature of the road in a manner that would increase the burden on the burdened property.

Next week Brian Inkster will give the Conveyancing students at the Law School of the University of Strathclyde his lecture on Moncrieff v Jamieson which illustrates many of the points considered in today's lecture.

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