Servitudes in the Sheriff Appeal Court – acquiescence, permission and tolerance
Reading time: 1 minute
Credit: Edinburgh Law School
A case on servitudes is the subject of a new article on the Edinburgh Private Law Blog.
“In a recent case, AC & IC Fraser & Son Limited v Munro [2024] SAC (Civ) 41, the Sheriff Appeal Court was faced with two issues relating to the law of servitudes: firstly, whether a landowner’s inaction in response to its neighbour’s use of a diverted route had led, through acquiescence, to a variation in the route of a vehicular right of access; and, secondly, whether an additional pedestrian right of access had been established through positive prescription despite the landowner having permitted the neighbour’s predecessor to use the route over which a servitude was now claimed.”
Share this article:
Subscribe to our newsletter to not miss articles like this one:
SUBSCRIBE
