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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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myneighbourseemsunwillingtodoanythingaboutdampnessinhisupp

Customer Question

myneighbourseemsunwillingtodoanythingaboutdampnessinhisupperflataffectingme(inlowerflat)canilegallytakeactiontoforcethisissue?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Yes you can, either contractually under the title deeds or under the common law of nuisance.

You can apply to the court for an order making your neighbour stop the problem that is affecting your flat. If he refuses to do so then the court has the power to order him to pay you damages.

You will need to give full details to your solicitor who will probably write a letter to your neighbour in the first instance.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.