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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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My daughter owns a small holding in Aberdeenshire Scotland

Resolved Question:

My daughter owns a small holding in Aberdeenshire Scotland passed down from us. Part of
the land is [about 2 acres] is across the railway. NETWORK RAIL have taken down the
crossing and won't give us access any more despite solicitor's letters. There is also a drain
under the railway which is blocked, but we cannot get across to clear it. this means the
field at the near side is wet all the time. What rights do we have.
Sincerely
John Hay
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Is there a title deed in respect of access or a Minute of Agreement or other documentation. Similarly, is there any title condition dealing with maintenance of drains and such like?
Customer: replied 3 years ago.

There is title deed which states that states that we should have access

to all parts of the smallholding [circa 1925 when the property was

purchased]. What happened last year was that our neighbour sold his

land to NETWORK RAIL for we believe £40.000 pounds. He has only been there since 2003. They never even consulted us but just went ahead and dismantled the crossing. Now they are just stonewalling us.

This seems particularly unfair as we now have no access to our land.

This devalues our property somewhat.

As regards ***** ***** drain under the railway we cannot clear it from the other side as we have no access.

There is no other access to the field as it is bounded by a river at the

other side.

Sincerely

John G Hay

Expert:  JGM replied 3 years ago.
That's not the first time I've heard this about Network Rail who think they are a law to themselves. You need to get in touch with your solicitor and instruct him or her to write directly to their legal department asserting your right of access under the title. If they refuse to reinstate the access and allow you to carry out maintenance, or do it for you, an application to the court for an order making them do so may be required.
Your solicitor will be able to find out the name of the solicitor for Network Rail in Scotland via the Law Society of Scotland.
They are ignoring you because they no they can so you have to take this to the next level and go legal on them.
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