• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Servitude Right of Way over property - problems with new neighbours

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Servitude Right of Way over property - problems with new neighbours

    Hello - I'd be grateful for some advice please. I'm on the end of a block of houses and the people next door to me have a servitude right of way - so they can go via my garden to theirs. There is a designated path on the deeds to the house.

    There's never been a problem before. The previous people never used it and the people before that only used to use it to put their bins out each week. My understanding from the solicitor was that it was a path for the people living next door to use, not for just anyone.

    The new people are a pain and have caused bother since they moved here. But it's been worse for me. It's not all the time, but often enough - perhaps 2-3 times per week there are strange people going through my garden to next door. If I've been in my garden I've had a real shock to look up and see some strange man walking towards me!

    The deeds are not very helpful. It just says that there is a servitude right of way for the proprietors. I've had a word with a few people to see what they think and it's split between being occupants of the property only or it's a general public access and basically I have to put up and shut up. I've looked online for some guidance too but I've not been able to find anything specific to my issue.

    I don't want to get into any bother with the neighbours - but I do feel that I should be able to walk outside into my garden of an evening and not have strangers walking past.

    Thank you in advance.


    Tags: None

  • #2


    Not directly answering your query, but in England and Wales altho' the dominant tenement is owned by the proprietor of that land, anyone with a legitimate purpose for visiting the land (e.g. family who live there, or anyone visiting the land for social or business or duty reasons) has the right to use that right of way..

    I suspect the same applies in Scotland, but best probably to have a chat with a solicitor.

    Comment


    • #3
      Here's some info (posted for info only) - https://www.lawscot.org.uk/members/j...-right-of-way/

      Comment


      • #4
        Thank you both for your replies. DES8 I think that you're probably right and I know I need to take advice as everyone seems to have a different opinion on these things. That information from the Law Society of Scotland was very interesting as well ECHAT11 - something I'll look at more. I wonder how much the author would cost to engage to look at my problem!

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X