The appropriate form of action to establish the existence of a public right of way is usually one declarator, which may be raised in either the Court of Session or the sheriff Court within ..
In Mann vs Brodie, Lord Watson suggested that the basis for the constitution of a public right of way by prescription was nothing other than continuous user over the prescriptive period. ..
Servitude can be extinguished in whole or in part by renunciation, non utendo, by prescription, elapsing of the limited period for which they were created, extinction of either of the tenement and confusio. There are, however, ..
INTRODUCTIONThe creation of servitude by implication is a wide topic. In theory, a distinction can be made between two main types of implication. First, an assertion that a servitude is created by an implication ar ..
The remedies in respect of servitudes are similar to those in the context of rights of way. The primary remedy to establish the existence or non-existence office servitude right is declarator. An action of declarator may ..
Arguments by Senior Advocate Rajeev Dhawan on 2nd September (Day 17)In a shocking twist in the Ayodhya case currently heard by the Supreme Court, on Monday, Senior Advocate Rajeev Dhawan who represents the Muslim parties in the issue has argued that ..
INTRODUCTIONIn theory, a negative servitude could be created by statue, decree arbitral or judicial decree but, leaving those possibilities aside, we examine the stated proposition that a negative servitude can be ..
The rights and obligations on the proprietors of the servient and dominant tenements are implied by law, but they may be confirmed expressly or, within certain limitations, varied or sup ..
The Ayodhya/Bhabri Masjid land dispute is over 165 years old, with the very first recorded legal suit being filed in the year 1885 and ever since then a series of suits and appeals have been preferred by the litigants and the incumbent governments. T ..
It is most heartening and most refreshing to learn that in a latest, landmark and extremely laudable judgment, the top court that is the Supreme Court has very rightly held in Union of India Vs Yasmeen Mohammad Zahid @ Yasmeen in Criminal Appeal No. ..
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