Jump to ContentJump to Main Navigation
Mixed Jurisdictions ComparedPrivate Law in Louisiana and Scotland$
Users without a subscription are not able to see the full content.

Vernon Palmer and Elspeth Reid

Print publication date: 2009

Print ISBN-13: 9780748638864

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748638864.001.0001

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 05 August 2020

Servitudes: Extinction by Non-Use

Servitudes: Extinction by Non-Use

Chapter:
(p.67) 3 Servitudes: Extinction by Non-Use
Source:
Mixed Jurisdictions Compared
Author(s):

Roderick R M Paisley

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748638864.003.0013

This chapter examines servitudes and their extinction by non-use. The type of right investigated is limited to ‘praedial’ or ‘predial’ servitudes benefiting a plot of land, known in Scotland as ‘the dominant tenement’ and in Louisiana as ‘the dominant estate’. As ‘negative’ servitudes have been abolished in Scotland but not in Louisiana, the chapter concentrates on the common element: servitudes which afford the dominant proprietor the right to carry out certain activities on the servient tenement. These are known in Scotland as ‘positive’ servitudes and in Louisiana as ‘affirmative’ servitudes. The doctrine at the heart of the analysis is known in Louisiana as extinction by ‘prescription of non-use’, and in Scotland as ‘negative prescription’, or more anciently as ‘prescription of liberty’.

Keywords:   praedial servitudes, dominant tenement, dominant estate, dominant proprietor, positive servitudes, affirmative servitudes, prescription of non-use, prescription of liberty

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.