Pollock and others v Drogo Developments Ltd

Servitude – Servitude of use – Extent of servitude. Court of Session: In an action in which the pursuers sought declarator that a development company had wrongfully encroached on their property by laying two new drainage pipes through it, and an order for removal of the pipes or damages, the court held that an ability to lay new pipes on a diverted route was not conferred expressly by servitude rights in a 2008 disposition in favour of the pursuers, the common law did not provide such an entitlement and the pursuers were not personally barred by acquiescence from seeking removal of the pipes.

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