Neighbour insisting on improvement (vs repair) under shared burden

[Doodlebug123]

Trying to cut a long story short so bear with me!

We have a cottage in Scotland at the end of a 300m long road. Up to the 190m point, there are numerous properties responsible for maintenance of the road.
The last 110m continues up to mine and a neighbour’s house. The first 40m has 4 potholed areas which causes a mild annoyance, but the road is an isolated track in the middle of the Scottish Highlands so this is normal for the area.

There is a burden that requires us both to share the costs ‘equally with the cost calculated according to user’ and the landowner of the actual road is unknown.
I have offered to fill in the potholes myself, before then compromising and agreeing for a contractor to come and quote for 40m of the road to have 4 inches of type 1 laid on top to repair (and to be honest, improve the surface of the road).

My neighbour has always insisted that we need to lay 6 inches of type 1 over the entire 110 m (70m of road in perfect condition) and has insisted that a drainage ditch measuring 1mx1m be added along the entire length of the road.

My neighbour keeps repeating I have a legal responsibility to repair the road and that relaying the entire thing and adding a ditch constitutes repair rather than improvement. He has not provided any quotes nor reports to state any of this need doing.

I have now stated that I am not going to discuss the matter any further, having devoted significant time to this with no sign he is going to budge from his current position. Meanwhile he is like a dog with a bone and is not going to let this matter drop.

I am wondering how best to proceed now given that I want this matter resolved and am just waiting for him to make the next move. What can he actually do? Can he take me to court instantly with no warning nor attempt at mediation? All he is interested in is attempting to exert his dominance and to try and get me to move. I should mention at the main entrance, with the responsibility shared between numerous neighbours he gets along with, there are significantly worse potholes which he seems to not mind. He is only interested in the insignificant ones that I would have to share costs with him.

In all honesty, I’m not even sure he wants to spend the 1000s on the road and may just be doing this to cause problems. There are other matters which he is going on about which are equally pointless but I have firm proof the work does not need doing by a surveyor.

Many thanks for any thoughts.

[paulajayne]

"

the landowner of the actual road is unknown"

Need to find this out as they may not agree to the repair/ type of repair. Is the road adoped? - check council website.

[des8]

What is the exact wording of the burden?
contact the Land Agency in Scotland to establish ownership of the road and burdens for maintaining it.

[Doodlebug123]

I’ll get back to you with the exact wording but it seems the landowner has never been registered and the landowner j suspect it to be is actually some sort of investment or pensions company that has inherited the asset.

my neighbour may know more but is holding onto any specific details. I’m mainly wondering what his next set of options might be to bully me into this.

[islandgirl]

could you offer to pay half of the repair to the level you think appropriate and if he wishes to go above and beyond this he can pay the extra? This would only work obviously if the owner remains unknown etc. However relationships with neighbours are important especially in remote areas so it may be worth agreeing to do what he wants but trying to get the cheapest quote you can? Depends on exactly how much more it would cost....

[des8]

In other parts of UK even though the owner of the land is not responsible for repair of any private right of way he might be responsible for any substantial interference of the right of way (eg potholes).
The user might have the right to repair the right of way, but not normally the right to improve it.

Don't know if Scottish practice differs.