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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:  16 Aug 2022
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

“Professor Paisley’s work is unequalled in modern Scottish legal publishing, a prodigious combination of erudition, industry and practical sense.” - The Hon Lord Stewart 

This work 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. This title can be read in conjunction with existing title Servitudes and Rights of Way, co-authored by Roddy Paisley and Douglas Cusine, and will ultimately sit alongside two further in-depth volumes on servitudes, authored by Roddy Paisley, on ‘Prescriptive Servitudes’ and ‘General Law of Servitudes’ (dates to be confirmed), forming an extensive library on this area of law.



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CONTENTS

  1. ILLUSTRATIONS AND APPLICATIONS
  2. ONUS OF PROOF, DISCOVERY, TAXONOMY AND TERMINOLOGY 
  3. DOCTRINAL ISSUES
  4. FUNCTIONAL SUBORDINATION: CASE STUDY ON VEHICULAR ACCESS
  5. CONSTITUTION, RANKING AND EXERCISE: ACQUISITION OF PROPERTY BY THE DOMINANT PROPRIETOR 
  6. CONTENT OF THE OBLIGATION IN AN ANCILLARY RIGHT 
  7. GEOGRAPHIC LOCATION AND EXTENT OF EXERCISE 
  8. EXAMPLES OF ANCILLARY RIGHTS IN THE AUTHORITIES 
  9. CONSTITUTION OF ANCILLARY RIGHTS: CIVILIAN PRINCIPLES
  10. MODERN SCOTS LAW: METHODS OF CONSTITUTION OF ANCILLARY RIGHTS
  11. EXPRESS CONSTITUTION OF ANCILLARY RIGHTS IN A DEED 
  12. ANCILLARY RIGHTS IMPLIED INTO SERVITUDES EXPRESSLY CONSTITUTED BY A DEED
  13. ANCILLARY RIGHTS IMPLIED INTO SERVITUDES EXPRESSLY CONSTITUTED BY A DEED; REASONABLE NECESSITY 
  14. IMPLIED CONSTITUTION: REASONABLE FORESEEABILITY OR DEEMED ACCEPTABILITY 
  15. PREJUDICE TO THE SERVIENT PROPRIETOR AND UNWARRANTED INCREASE IN THE BURDEN ON THE SERVIENT TENEMENT
  16. THE INTERACTION OF (A) NECESSITY AND (B) FORESEEABILITY AND ACCEPTABILITY
  17. ANCILLARY RIGHTS AND POSITIVE PRESCRIPTION 
  18. STATUTORY CONSTITUTION OF RIGHTS ANCILLARY TO SERVITUDES
  19. CONTROLS ON EXERCISE OF ANCILLARY RIGHTS: SERVITUDE CONDITIONS
  20. VARIATION, EXTINCTION AND DISCHARGE OF ANCILLARY RIGHTS
  21. EXAMPLE OF A PARTICULAR ANCILLARY RIGHT
  22. EXAMPLE OF A PARTICULAR ANCILLARY RIGHT
  23. EXAMPLE OF A PARTICULAR ANCILLARY RIGHT
  24. TITLE DISPUTES AND THE ASCRIPTION OF POSSESSION TO ANCILLARY RIGHTS
  25. SERVITUDES, ANCILLARY RIGHTS AND STATUTORYMANAGEMENT SCHEMES
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