Parking on commercial and residential property

On Demand


Parking on commercial and residential property - creation of rights and dealing with disputes

On Demand

Speaker: Iain G. Mitchell QC


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3hrs CPD

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.
  • Iain G. Mitchell QC is highly experienced in a number of areas of civil litigation, including business and commercial law, and property law. He is rated in the Legal 500 and Chambers Directory for Commercial Dispute Resolution, IP Law and IT Law. He brings also a particular insight to the topic of parking by reason of his having appeared as Senior Counsel for the successful pursuer at all stages in Moncrieff v Jamieson and having conducted subsequent litigation in the Sheriff Court leading on from Moncrieff.