Overview of a recent judgment which demonstrates the general
principle that a servitude cannot be repugnant with the burdened
proprietor's ownership.
Background
Disagreements about parking are fairly common-place among
neighbours. It is less common, however, for them to make it all the
way to debate in the local Sheriff Court.
A recent judgment from Livingston Sheriff Court followed a
debate between next-door neighbours who use the same driveway to
access their respective properties. One party benefits from a
servitude right of access across a driveway owned by the other. The
issue before the Court was whether the burdened owner is required
to keep the driveway clear of parked vehicles, such that the
benefited owner may always use the whole width and length of the
driveway.
