Inner House rules on implied servitude dispute
25 August 2016
The Inner House has issued its opinion (http://www.scotcourts.gov.uk/search-judgments/judgment?id=726e1ca7-8980-69d2-b500-ff0000d74aa7) in the case of ASA International Limited v Kashmiri Properties. The case concerned a dispute between the proprietors of two adjoining townhouses in the New Town of Edinburgh as to whether the Pursuer’s property had the benefit of an implied servitude of access over the Defender’s property. The two properties had, at one time, been in common ownership. The Opinion of the Court (delivered by Lord Drummond Young) contains an interesting discussion not just of the applicable legal principles to this unusual form of servitude but also a wider, and illuminating, consideration of the broader policy considerations which arise in this area of the law.
David Thomson of Axiom Advocates appeared for the successful Defender and Respondent.
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