Moncrieff v Jamieson
Moncrieff v Jamieson  UKHL 42 is a Scottish property law case decided by the House of Lords on servitudes (the Scottish equivalent of "easements"). Facts. The appellant (J) appealed against a decision (2005 1 S.C. 281) that a right of vehicular access from a public road included a right to park on the servient tenement such vehicles as were reasonably incidental to the enjoyment of access to the dominant tenement. The respondents (M) owned a property situated between the foot of a steep escarpment and the foreshore. Vehicles could not be driven onto the property. The  property once formed part of the lands owned by J and he was the owner of the land between the property and the public road. Since the property had no access to the public road, the rights conveyed by the disposition in 1973 included a right of access from the public road through J's land. The effect of that conveyance was to confer a servitude right of access to the property from the public road for both pedestrian and vehicular traffic; and a right to stop vehicles on the servient tenement in order to turn, load and unload goods  from them and set down and pick up passengers was accessory to the right of vehicular access. M claimed that there was also an accessory right to park vehicles on the servient tenement. The sheriff granted declarator that M were entitled to park vehicles on the servient tenement in the exercise of rights accessory to the servitude right of access and pronounced permanent interdict against J. The Court of Session dismissed an appeal. J submitted that it was not possible in the law of Scotland for there to be a servitude of parking; a permanent interdict was unnecessary and its  terms were too uncertain to enable J to know what was prohibited by it. Judgment. The appeal was dismissed. The House of Lords recognised that easements must always be exercised "civiliter" (without amounting to exclusive possession over the servient land), but the House of Lords displayed a more sympathetic attitude to easements that substantially exclude the servient owner. Obiter, the court also recognised the possibility of a servitude right of parking in Scottish law and an easement of parking in English law.