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Greg Gordon, John Paterson, and Emre Usenmez

Print publication date: 2010

Print ISBN-13: 9781845861018

Published to Edinburgh Scholarship Online: May 2015

DOI: 10.3366/edinburgh/9781845861018.001.0001

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Aspects of Land Law Relative to the Transportation of Oil and Gas in Scotland

Aspects of Land Law Relative to the Transportation of Oil and Gas in Scotland

Chapter:
(p.550) (p.551) Chapter 17 Aspects of Land Law Relative to the Transportation of Oil and Gas in Scotland
Source:
Oil and Gas Law
Author(s):

Roderick Paisley

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861018.003.0017

This chapter focuses on the transport of oil and gas by pipelines passing through land in private ownership, which may well arise once they cross into territorial waters as well as onshore. It is accordingly concerned with real rights, that is, ownership, leasehold and servitudes. Of these three, the most significant (and perhaps the least widely understood) is servitude. The bulk of the chapter is accordingly devoted to a consideration of how this right can be used to allow a pipeline to be laid across private land and oil and gas to be transported through it for commercial purposes. There is consideration also of the question of what happens when it is proposed to transport a different gas and in the opposite direction from that originally envisaged, as might be contemplated in the case of a carbon capture and storage scheme.

Keywords:   Pipeline, Real right, Servitude, Carbon capture and storage

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