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Hello from a frustrated house owner.......
I am a private home owner who lives in a a rural area in Scotland. My house is on a private unadopted road, which is owned by all those living on the road (roughly 21 parties) - we all own a percentage of the “solem of the road” and we all have a “right of access over the entire road”. For clarity the road as detailed on the title plan includes the road surface and a grass verge between the road surface and the fence boundary on each property.
One of the owners is selling off plots of land and for each plot he is creating a new drive and access over the grass verge to the road. His deed is worded slightly differently instead of the term “right of access over the road” his says “free-ish and access over the road”.
Is is there any legal basis in Scottish law to challenge this access?
I am a private home owner who lives in a a rural area in Scotland. My house is on a private unadopted road, which is owned by all those living on the road (roughly 21 parties) - we all own a percentage of the “solem of the road” and we all have a “right of access over the entire road”. For clarity the road as detailed on the title plan includes the road surface and a grass verge between the road surface and the fence boundary on each property.
One of the owners is selling off plots of land and for each plot he is creating a new drive and access over the grass verge to the road. His deed is worded slightly differently instead of the term “right of access over the road” his says “free-ish and access over the road”.
Is is there any legal basis in Scottish law to challenge this access?
