Shop Fronts And Servitudes

The recent decision in Romano v Standard Commercial Property Securities Ltd and Another revisits the possibility of recognising new servitudes that was the subject of last year's House of Lords decision in Moncrieff v Jamieson.

In Romano, the owner of a shop fronting onto Buchanan Street in Glasgow sought a court order declaring that he had a servitude right to attach a shop front and fascia onto the external wall which was owned in common by all the proprietors of the building.

There was a Compulsory Purchase Order procedure underway and there was a discussion of whether this would undermine the action as the Lands Tribunal could decide in due course whether a servitude existed and what its value might be. The Court dismissed this argument – the fact that the servitude may or may not be considered by the Lands Tribunal did not affect the present action.