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Rights Ancillary to Servitudes: Principles and Practice of the Law of Servitudes (SULI)


ISBN13: 9780414091887
Published: August 2022
Publisher: W. Green
Country of Publication: Scotland
Format: Hardback
Price: £175.00



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This work, complementary to Professor Paisley’s previous book, co-authored by Professor Cusine, on Servitudes and Rights of Way, 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.

Subjects:
Scots Law
Contents:
Illustrations and Applications
Onus of Proof, Discovery, Taxonomy and Terminology
Doctrinal Issues
Functional Subordination
Content of the Obligation in an Ancillary Right
Geographic Location and Extent of Exercise
Examples of Ancillary Rights in the Authorities
Civilian Principles Underpinning the Constitution of Ancillary Rights
Modern Scots Law: Methods of Constitution of Ancillary Rights
Ancillary Rights Implied into Servitudes Expressly Constituted by a Deed
Prejudice to the Servient Proprietor and Unwarranted Increase in the Burden on the Servient Tenement
The Interaction of (a) Necessity and (b) Foreseeability and Acceptability.
Statutory Constitution of Rights Ancillary to Servitudes
Controls on Exercise of Ancillary Rights: Servitude Conditions
Variation, Extinction and Discharge of Ancillary Rights
Examples of Particular Ancillary Rights
Title Disputes: Prescriptive and Interpretive Possession referable to an Ancillary Right
Servitudes, Ancillary Rights and Statutory Management Schemes
APPENDIX 1: LIST OF DEEDS
APPENDIX 2: MONCRIEFF V JAMIESON: BARDELL PLAN 2;

Series: Scottish Universities Law Institute (SULI)

The Criminal Law of Scotland: 4th ed Volume 1 ISBN 9780414017580
To be published December 2023
W. Green
£100.00
Scottish Planning Law and Procedure 2nd ed ISBN 9780414018914
To be published May 2023
W. Green
£145.00
Macphail's Sheriff Court Practice 4th ed ISBN 9780414097599
Published March 2022
W. Green
£155.00
Scottish Land Law 3rd ed: Volume 2 ISBN 9780414017832
Published October 2020
W. Green
£100.00
Bankruptcy ISBN 9780414059450
Published December 2017
W. Green
£150.00
The Criminal Law of Scotland 4th ed: Volume 2 ISBN 9780414057463
Published December 2016
W. Green
£119.00
Constitutional Law of Scotland ISBN 9780414014565
Published June 2015
W. Green
£99.00
Unjustified Enrichment Set ISBN 9780414018501
Published November 2013
W. Green
£319.00
The Law of Agency in Scotland ISBN 9780414018051
Published July 2013
W. Green
£95.00
Prescription and Limitation of Actions 2nd ed ISBN 9780414018389
Published December 2012
W. Green
£185.00
Arbitration 2nd ed ISBN 9780414017764
Published August 2012
W. Green
£169.00
Scottish Land Law 3rd 1st Supplement ISBN 9780414018679
Published November 2011
W. Green
£59.00
Anton's Private International Law 3rd ed ISBN 9780414013452
Published October 2011
W. Green
£179.00
Delict Looseleaf Pay-as-you-go ISBN 9780414016941
Latest Release December 21, 2010
Sweet & Maxwell Ltd Subscriptions
Price on Application
Personality, Confidentiality and Privacy in Scots Law ISBN 9780414016811
Published December 2010
W. Green
Out of print
Scottish Land Law 3rd ed: Volume 1 ISBN 9780414015548
Published September 2009
W. Green
Out of print
The Contract of Employment ISBN 9780414017221
Published April 2008
W. Green
£182.00
Environmental Law Looseleaf Pay-as-you-go
Edited by: Frank McManus
ISBN 9780414016996
Published November 2007
Sweet & Maxwell Ltd Subscriptions
Out of print
The Law of Contract in Scotland 3rd ed ISBN 9780414016064
Published October 2007
W. Green
£155.00
Evidence ISBN 9780414014718
Published June 2007
W. Green
£155.00
Sheriff Court Practice 3rd ed ISBN 9780414016095
Published November 2006
W. Green
Out of print
Criminal Defences and Pleas in Bar of Trial ISBN 9780414015210
Published September 2006
W. Green
£155.00
Corporeal Moveables in Scots Law 2nd ed ISBN 9780414014008
Published December 2005
W. Green
Out of print
The Criminal Law of Scotland 3rd ed Supplement ISBN 9780414015746
Published November 2005
W. Green
£85.00
Out of print
The Criminal Law of Scotland 3rd ed Volume 1 incl Supplement ISBN 9780414016545
Published November 2005
W. Green
Out of print
Personal Bar and Waiver ISBN 9780414014640
Published October 2003
W. Green
£167.00
Scottish Planning Law and Procedure
Jeremy Rowan-RobinsonProfessor of Land Economy, University of Aberdeen
ISBN 9780414014305
Published December 2001
W. Green
£155.00
Servitudes and Rights of Way ISBN 9780414010888
Published December 1998
W. Green
£155.00
Law of Husband and Wife in Scotland 4th ed ISBN 9780414011533
Published December 1997
W. Green
Out of print
Halliday's Conveyancing Law and Practice in Scotland Volume I & II 2nd ed ISBN 9780414012578
Published December 1997
W. Green
£304.00
Halliday's Conveyancing Law and Practice in Scotland Volume I 2nd ed ISBN 9780414010857
Published November 1996
W. Green
£158.00
Trusts, Trustees and Executors 2nd ed ISBN 9780414010277
Published December 1995
W. Green
Out of print
Miller on Partnership 2nd ed ISBN 9780414010420
Published November 1994
W. Green
£155.00
Publication Abandoned