Moncrieff -v- Jamieson : Sheriff Court

On 7th July 2003 after 39 callings of the case at Lerwick Sheriff Court, including 10 days of evidence and 4 days of closing submissions, and after having visited the site himself, Sheriff Colin Scott Mackenzie found in favour of the Moncrieffs.

Significantly the Sheriff stated:-

“It is obvious that a servitude of vehicle parking is a prime candidate for recognition and our law is flexible enough to allow that to happen. It is not a large step to recognise a right to park as ancillary to a right of access. Other jurisdictions have done so. The two notions must merge at times.” [2004 SCLR 135 at 172]

Thus Moncrieff v Jamieson became “one of the most important cases on servitudes in the last one hundred years” [Commentary by R Paisley: 2004 SCLR 135 at 185], and that even before the Court of Session and House of Lords decisions that were to follow.

For advice on servitude rights or parking law contact Brian Inkster on 0141 229 0880 or send Brian an e-mail.