ASA International Ltd v Kashmiri Properties (Ireland) Ltd and another

Conveyancing – Servitudes – Implied servitude right of access. Court of Session: Refusing an appeal by pursuers who sought declarator that they had servitude right of pedestrian access through a gate leading to the car park at the rear of a neighbouring property, the sheriff having rejected their claim that an implied servitude right of access had been created when the properties were divided in 1994, the court held that the evidence fell well short of satisfying the test that the servitude right of access claimed was reasonably necessary for the convenient and comfortable enjoyment of the dominant tenement; convenient alternatives were available.

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