Scottish Law Questions? Ask a Scots Lawyer
Thank you. The law is that a servitude will be extinguished upon the total destruction of either the dominant or servient tenement. If the destruction is only temporary, however, and the former state of affairs is restored by rebuilding then the servitude is regarded as suspended rather than extinguished and it will automatically revive. No other burdens or servitudes granted to either party are affected insofar as these remain exercisable.
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