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Rights Ancillary to Servitudes

Rights Ancillary to Servitudes
Principles and Practice of the Law of Servitudes
1st Edition
Series:  SULI
Practice Area:  Conveyancing, Scottish Law
ISBN:  9780414091887
Published by:  W. Green
Publication Date:  30 Apr 2022
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

This work, complementary to Professor Paisley’s previous book, co-authored by Professor Cusine, on Servitudes and Rights of Way, is a landmark text and marks a legal first. No other Scottish textbook addresses the historical, comparative and doctrinal basis of its subject matter with such depth of research and understanding.
Examining the nature of rights that are ancillary to servitudes, the content of those rights and the manner of their constitution, exercise and extinction, the reader’s understanding of this complex subject is aided by a writing style which is both engaging and easy to understand.
This definitive modern account of the subject is expertly composed for everyday use in courts, law firms and universities.


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CONTENTS

  • Illustrations and Applications
  • Onus of Proof, Discovery, Taxonomy and Terminology
  • Doctrinal Issues
  • Functional Subordination
  • Content of the Obligation in an Ancillary Right
  • Geographic Location and Extent of Exercise
  • Examples of Ancillary Rights in the Authorities
  • Civilian Principles Underpinning the Constitution of Ancillary Rights
  • Modern Scots Law: Methods of Constitution of Ancillary Rights
  • Ancillary Rights Implied into Servitudes Expressly Constituted by a Deed
  • Prejudice to the Servient Proprietor and Unwarranted Increase in the Burden on the Servient Tenement
  • The Interaction of (a) Necessity and (b) Foreseeability and Acceptability.
  • Statutory Constitution of Rights Ancillary to Servitudes
  • Controls on Exercise of Ancillary Rights: Servitude Conditions
  • Variation, Extinction and Discharge of Ancillary Rights
  • Examples of Particular Ancillary Rights
  • Title Disputes: Prescriptive and Interpretive Possession referable to an Ancillary Right
  • Servitudes, Ancillary Rights and Statutory Management Schemes
  • APPENDIX 1: LIST OF DEEDS
  • APPENDIX 2: MONCRIEFF V JAMIESON: BARDELL PLAN 2

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