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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Background 4 new house built 15, 16, 17 & 18Access road

Customer Question

Background
4 new house built 15, 16, 17 &*****purchased by one party
Services (gas, water, electricity and BT) laid and paid for by one party
15, 16 & 17 paid for their quarter share
No 18 reneged on the deal to pay one quarter share and purchased one half of No 17’s share by telling the owner that No 18 was being asked a huge sum of money for access etc
No 18 then dug a new track however and laid only a new water pipe connecting gas, electric and BT against the orders of the Court
My solicitor at the time raised a Motion and asked for No 18 to advise the Court where 18 had connected services - the correct action should have been breach of Interdict - another story!!
13 Sept 2006
The Sheriff, having heard Parties’ Procurators’ Recalls the interim Interdict granted in terms of crave 5; continues the interim Interdict granted in terms of crave 6 with an amendment and in terms thereof interdict the first Defender and the seconder Defender or any contractor or other person acting on their instructions from connecting any pipe, cable drain or other conductor serving plot 18 to any existing pipe, cable, drain or other conductor laid by Pursuers or on their behalf lying within said access road, until further orders of the Court. Reserve meantime the question of expenses.
Question -
No 18 has recently been sold however the property particulars did not reflect the imbalance of service ownership - can you please advise if I am correct in saying that the missives remain in force for 24 months and how long does the Interdict remain valid - noted “until further orders of the Court” Can we apply to the Court to have gas, electric and BT disconnected?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

No please don't cancel the question

I am willing to wait a few more days - touring south of England at the moment and may be a delay in responding

Thanks

John XXXXXXX

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Thanks I got your message offering discount - as you failed to answer my question please refund the full amount to my credit card

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