Moncrieff v Jamieson Lecture Updated
2 March 2010
Brian Inkster has updated his lecture on ‘Moncrieff v Jamieson: An insight from the coal face (or perhaps more accurately the cliff edge)’, to include relevant articles and cases from 2009. He gave the lecture today to the Conveyancing class at the Law School of the University of Strathclyde.
The updated lecture now includes reference to:-
Kenneth Mackay, 'Servitudes - new ground?' Whether the Lords' decision in Moncrieff v Jamieson has really advanced the law, or simply created fresh uncertainty (2009) 54 JLSS p50
Court of Appeal considers Moncrieff v Jamieson for the first time in the case of Waterman v Boyle [2009] EWCA (Civ) 115 - Where an express right to park two vehicles at a property did not imply a further right to park additional vehicles.
Holms v Ashford Estates Limited [2009] CSIH 28; 2009 SLT 389 - An interesting case involving rights of access/parking and a warrandice claim.
SP Distribution Ltd v Rafique 2009 GWD 40-688 - Express servitude of access to cellars did not include by implication a right to construct a flight of steps.
Compugraphics International Ltd v Nikolic [2009] CSOH 54 - Scots law recognises servitudes in the nature of jus projiciendi (overhang).
Download a PDF copy of the lecture: Moncrieff v Jamieson: An insight from the coal face (or perhaps more accurately the cliff edge) (204KB)
You can also download copies of the three plans referred to in the lecture:-
Downoad a PDF copy of PLAN 1 (675KB)
Download a PDF copy of BARDELL PLAN 2 (351KB)
Download a PDF copy of PLAN 3 (502KB)
For advice on servitude rights or parking law contact Brian Inkster on 0141 229 0880 or send Brian an e-mail.