Property

Parking is a central factor in the decision of where businesses choose to locate and where people choose to live.

In the commercial sphere, adequate parking is likely to be a key feature in the attractiveness of a development. However, limitations of space, most particularly in cities, are such that insufficient parking is available. This can have a major effect upon the value, and even the viability, of property developments.

In the private sphere, it is notorious that neighbours can end up in heated, and, it may be, irrational disputes over property rights. Parking, in particular, is an issue which leads to such strength of feeling that clients tend to demonstrate a disproportionate enthusiasm for litigation. In turn, this is reflected in the amount of litigation which arises from disputes about parking.

Against this background, this seminar aims to bring some clarity to what, despite the decision in the leading case of Moncrieff v Jamieson (2008) SC (HL)1 remains, still, an area of heated contention—and there have been recent cases before the Sheriff Appeal Court which have carried the controversy on, whilst the English courts have now decided that there can be an easement of using a swimming pool.

The Seminar will look at parking as an issue in the law of landlord and tenant and as a heritable servitude right, as well also at the light it casts on servitudes generally. Issues to be discussed will include:

Loading and stopping

Parking schemes and rights under leases

Acquiring rights

Parking as a servitude

Moncrieff v Jamieson

Cases in Scotland and in England following Moncrieff v Jamieson

Acquisition of a common law servitude of Parking by Grant

Acquisition of a common law servitude of Parking by prescription

Acquisition of a right Parking as a statutory servitude.

Possible future developments.