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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Date: The Magistrates of Glasgow
v.
Patrick Bell
2 August 1776 Click here to view a pdf copy of this documet : PDF Copy
In the construction of a servitude, a servitude may be regulated, so as to be least hurtful to the servient tenement, if equally convenient for the dominant. See the case of Wardlaw of Abden, with regard to a kirk-road at Kinghorn, observed by Kilkerran. In the same way, if I have a servitude of a road through my neighbour's field which he intends to inclose, if he offers to put on a gate at the end of the road, but to give me a key to it, I cannot hinder him. The opposition would be in vain. But, though this is the case of a servitude, yet the case of a property is different: in this, no man has right to interfere with the proprietor, unless he use it emulously. This is the only restriction ; but no law will entitle any other than the proprietor to meddle with it. These points occurred in a case decided 2d August 1776, Patrick Bell, merchant in Glasgow, against The Magistrates of Glasgow. The Lords decided against Bell upon this principle.
The electronic version of the text was provided by the Scottish Council of Law Reporting