Case Report:  UKHL 42.
Key points: Private servitude right of way – right to park.
The pursuers had a private servitude right of way over the land of the defenders (in Shetland) for both pedestrians and vehicles, in order to gain access to their own house. It was agreed that such a right allowed the pursuers to stop in order to turn, load and unload, but the defenders disputed the pursuers’ right to park.
The House of Lords ruled that a right to park could be inferred from a servitude right of access, although the pursuers should act reasonably in their use of the right.
This was a landmark ruling by the House of Lords. It is arguable that this inference could also be drawn in the case of a public right of way for vehicles, but this would have little impact in practice as there are very few recorded rights of way for vehicles.
See also:Johnstone v Sweeney 1985 SLT 2.
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