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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11742
Experience:  30 years as a practising solicitor.
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does the council need a Way Leave to access private property

Resolved Question:

does the council need a Way Leave to access private property for drains when the property is attached to council houses. I am in a block of 6 houses and 6 years ago we all had new roofs fitted and the drains were put into our garden, I would just like to know if they needed written permission to do this
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

You need to read your title deeds. It is very likely that the council has a right of access stipulated in the titles to enable repair, maintenance of renewal of drains and other services.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.


these drains were new drains and my property was totally disrupted when work was carried out

Expert:  JGM replied 4 years ago.
That is a different issue which I am happy to discuss if you have a specific question. However, whether there is a right of access is a matter which has to be determined with reference to the title deeds for your property as advised above.
Customer: replied 4 years ago.

on this same subject the council say we do not need access to the new roof space but I don't agree, I have no way of checking work that has been carried out or any future problems regarding leaks etc.

Expert:  JGM replied 4 years ago.
I find that stance very hard to believe. If you are an owner the roof space is generally common. Again though, you have to check the terms of the title deeds.
Customer: replied 4 years ago.

on title deed:-(1) the feu is disponed subject to all wayleaves, servitudes, rights of access and others presently subsisting whether formally constituted or not.


(2) there are reserved in favour of the respective proprietors of other properties nearer or adjoining the feu and their successors servitude rights of way leave for all ducts, pipes, cables ,wires, drains, services and others presently existing in on or under the feu which in any way serve any of the said other properties with access thereto when required subject always to the reinstatement of the feu to the condition it was in prior to the exercise of the said rights of wayleave and access. Without prejudice to the rights of the tenants of the said other properties there are granted reciprocal in favour of the feuars to servitude rights of wayleave for all ducts, pipes, wires, cables, drains service and others which serve the feu situated in or under the said other properties with access thereto when required subject always to the reinstatement of the subjects to the condition they were in prior to the exercise of the said rights of servitude and access.



 


 


New drains were laid throughout and no written permission was given by me.


Expert:  JGM replied 4 years ago.
Thank you. In terms of the title deeds that you have quoted, no permission is needed. There is a heritable right of access subject to reinstatement of the subjects after the works have been done.
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