Hi I live in scotland and have heritable and irredeemable access over a neighbours land to be able to come and go into our property and garden. The neighbours deeds state “a non exclusive servitude right of pedestrian and vehicular access over the ground tinted yellow and blue on the Title Plan subject to making good all damage to the surface of the ground”. Our neighbours have recently removed small items belonging to us such a small plant pot and milk crate stating we are not entitled to leave anything on the land. Is this reasonable? Can they remove and damage our possession. Furthermore they continue to park at the beginning of the access and I wondered if they were in breach in the clause taken from their and our deeds “the disponees will be responsible for an equitable share of the cost of maintaining, repairing and renewing the access according to the user declaring that they are prohibited from parking any vehicles on the access or obstructing it in any way”. They leave enough room for pedestrian access but if we wanted vehicular access we would need to ask them to move their vehicle each time. Our deeds state the servitude allows “pedestrian and vehicular access to the subjects and for no other purpose whatsoever” Are there any other laws that would take precedent that would allow us to access this land reasonably for repairs etc without seeking their consent or permission?
Neighbours being difficult
Collapse
Loading...
X
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.
Announcement
Collapse
No announcement yet.
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...