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Heritble right of access being refuted

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  • Heritble right of access being refuted

    If my title deed specifically says that I have a "heritable and irredeemable servitude right of access and egress for pedestrians and vehicles over the existing service road" Can this be contested or relinquished by the current house owners whose land the road crosses? These are obviously historical burdens dating from several generations of owners.

    Can new owners just decide not to honour them as per the land deed?

    The Burden/easement is stated across all title deeds including the ones for my land and the adjacent neighbour's homes.
    The house owners are giving a blessing to the historical neighbours but not me coming in as a new owner to build ( full planning permission already granted)

    They say vehicular access is only for home owners travelling to their property, not construction vehicles using lane to build the home XD
    Tags: None

  • #2
    des8 hopefully you can assist

    Comment


    • #3


      From the wording I assume you are in Scotland, where the laws can differ substantially from England & Wales.
      From your Avatar perhaps NI?

      Before commenting posters will want to see the full wording of the covenant.
      Meanwhile tagging others who might be better placed to advise ScottishSolicitor & sederunt

      Comment


      • #4
        You need a Scottish property solicitor and sadly that is not me.

        Comment

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