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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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Hello, Im a property owner close to the sea in Aberdeenshire.

Resolved Question:

Hello, I'm a property owner close to the sea in Aberdeenshire. A fishing company has put up a salmon net close to my houses, one of them I rent out to holiday makers. Today a fisherman walked trough my property with a gun to shoot seals. For the policemen I called it was not clear if the have a right of way, but I certainly do not want men with firearms on my ground! What can I do against it? And it is disgusting, that they shoot in front of the eyes of the village, even not caring about children. I have already lost holiday guests! Is this really allowed (they have unfortunately a licence) Thanks

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

Whether or not they can walk through your property is a question to be answered by examination of the title deeds for the house. Those will say whether there is a right of access. If there is not you can stop them walking across your property.

The other two issues, the net and the shooting seals can best be dealt with under the common law of nuisance.. You can apply to the sheriff for an interdict order stopping them from leaving nets and shooting seals on the ground of nuisance in that it is affecting the amenity and enjoyment of your property.

Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you so much for your suggestion to get in contact with the sheriff. That gives me hope again. But means right of access really also the right for people carrying firearms?


Thanks

Expert:  JGM replied 2 years ago.
A right of access has to be exercised in a manner least cumbersome to the owner of the property. Although I am not aware of any previous cases on the issue, I would argue that there is a case for interdict where the owner is uncomfortable with persons bearing arms crossing their land. It's arguable either way if, as I assume, the deeds simply provide for a right of access without a specific restriction.
JGM, Solicitor
Category: Law
Satisfied Customers: 10639
Experience: 30 years as a practising solicitor.
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