Facts
The Moncrieffs owned Da Store in Shetland. The property lay below a steep escarpment and could be reached from the adjoining land only on foot. The 1973 disposition expressly granted access over the adjoining land from the public road. The owners of Da Store claimed that this access also carried ancillary rights, including the right to park near the end of the route. The lower courts upheld the claim.
Issue
In the particular layout of the properties, was a right to park on the adjoining land reasonably necessary for the exercise and enjoyment of the express vehicular access servitude?
Decision
The House of Lords dismissed the appeal. Vehicles could reach the access point but could not be driven onto Da Store. The steep route and the distance to alternative parking were relevant to whether the express right could be practically enjoyed. The servitude therefore carried an ancillary right to park vehicles so far as reasonably incidental to the enjoyment of the access.
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The ruling concerned the scope of the right granted in this case. The House did not need to decide whether Scots law could recognise a free-standing parking servitude.
Reported citations: [2008] 4 All ER 752, 2007 GWD 33-564, 2008 SC (HL) 1, 2007 SLT 989, [2007] 43 EG 200, [2007] 1 WLR 2620, 2007 SCLR 790
Source: Full judgment
