Activity 8.3. Page 120. Law of Property.


Read Moncrieff v Jamieson 2007. From this your and your reading so far, answer the following question. If a person who owns a garage but no car grants his neighbour the right to park his car in the garage =, can such a right exist as an easement?


Scots law. House of Lords.

A man had a right to drive out through the service of another. He was then given the right to park his car as well.

It was not necessary to show that all rights that were acquired had been necessary in 1973. It only needed to be shown that such rights were contemplated in 1973.  This was about what te owner of the doinant tenement might want for the reasonable anjoment of his land..

The right to park was ancillary to the main right – access to the road. Parking was contemplayed in 1973 so this right was acquired.

Easements must be exercised civiliter – that means not so extensive that they effectively deprive the owner of te servient tenement of reasonable use of his land.

Easement rights of parking in English law.


Yes, it can exist as an easement. It needs to have DADS. That is Re Ellenborigh Park 1954 criteria. There is a dominant and a servient tenement; the dominant accommodates the servient; it is here capable of being yhe subject matter oof a grant; there is a capablle grantor an grantee.

About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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