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Servitudes Without A Benefited Property

The Scottish Government wrote to key individuals in July 2015 asking for  their experience in obtaining servitudes without a benefited property.  Whether they had come across practical issues in relation to servitudes for pipes and cables which are providing services to the public and it they had any suggestions on how these practical issues might be dealt with.

Issues have been raised with the Scottish Government about long pipe-lines which provide a general benefit rather than a benefit to a specific property. Such long pipe-lines could, for example, be conveying water or oil or gas or other services. In these cases, it is straightforward to identify the burdened property (the land which the servitude goes through). However, it may not be straightforward to identify the benefited property given that the pipe-line may not directly benefit a specific property.

You can find the consultation here, the non confidential responses here.  We will publish a copy of the analysis in due course.