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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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I live in Scotland and have looked after a piece of land for

Resolved Question:

I live in Scotland and have looked after a piece of land for 30 years. The land is 5 x 8 Mtrs. The owner gave me permission to build a chicken coop on the land 4 years ago. He has now told me to remove the chicken coop. The land contains our septic tank which is used by 3 other properties. Please help.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Do you have anything in writing about using this land?
Customer: replied 2 years ago.
No it was a verbal agreement. As I mentioned before when I asked to build the chicken coop about 4 years ago he said ok. I spent £500 building it. The piece of land was never looked after by the farmer. I recently spent another £200 having the land levelled.
The cottages were built in 1896 and access to the septic tank was accepted as normal. Access is required through the land to the tank. If the tank is on his land I believe as I have no access he will have to empty the tank. As I also mentioned the farmer has never looked after the land.
Many thanks
Phil Andrews
Expert:  JGM replied 2 years ago.
Thanks for your reply. Unfortunately a verbal agreement isn't valid in relation to occupancy of land in Scotland. The farmer can turn round and withdraw consent to your using the land insofar as day to use is concerned.
I would imagine that title deeds provide access for maintenance of the septic tank. You would have to let me see your title to establish this but that is the norm.
I'm afraid, however, that you have no right to use the land without the farmer's express permission.
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