Moncrieff and another v Jamieson and others (Record no. 79470)

MARC details
000 -LEADER
fixed length control field 01801cad a22001935a 4500
001 - CONTROL NUMBER
control field L141352
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 071116s2007 xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u141352
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Moncrieff and another v Jamieson and others
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2007] UKHL 42, 17 October 2007. Considers whether a right of access across land belonging to another party also included a right to park on the area where access was permitted. The appellant (J) owned a property with access from a public road, and the respondents (M) a property adjacent. Access rights across a servient tenement of J's land were necessary to access M's property. Parking was not possible on M's property. M claimed the accessory right to park upon the servient tenement. The Sheriff had upheld this claim, serving a permanent inderdict, and the court of session dismissed a first appeal by J. J argued that in Scottish law it was not possible for there to be a servitude of parking. J also submitted the Sheriff's permanent inderdict was unnecessary and too vague. "Held": The concept of a servitudal right to park was established in law and there could be no fundamental objection to this. Access rights had to be construed in light of the circumstances when they were granted. However it was not necessary to show the enjoyment of servitude to have been in use at that time. Given the circumstances, the grant was justified. Appeal dismissed.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MONCRIEFF AND ANOTHER V JAMIESON AND OTHERS
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name Scotland
Chronological subdivision 1999-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Boundary disputes
9 (RLIN) 6221
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd071017/jamie-1.htm">https://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd071017/jamie-1.htm</a>
Public note View the judgment free of charge at www.publications.parliament.uk...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     Virtual Virtual Online 16/11/2007   ONLINE PUBLICATION 141352-1001 06/08/2019 1 06/08/2019 Law report