Rights Ancillary to Servitudes: Principles and Practice of the Law of Servitudes (SULI)

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Rights Ancillary to Servitudes: Principles and Practice of the Law of Servitudes (SULI)

By Professor Roderick Paisley
W. Green August 2022

Specifications

ISBN-13
9780414091887
Publisher
W. Green
Publication
August 2022
Format
Hardback (2 volumes)
Jurisdiction
Scotland ? Countri(es) for reference only

Details

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.

Table of 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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