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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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My husband and I live in an upstairs flat of a Victorian house

Resolved Question:

My husband and I live in an upstairs flat of a Victorian house which has its own front door and side door. The title deeds state that the owner of the downstairs flat owns the whole of the front of the house including the path to my front door. She is making life difficult as she uprooted bulbs and plants growing underneath our side wall stating that anything that grows is hers and she can do what she likes with them. I have spoken to the neighbours who live in the same type of property and they have told me that they own their path and can do what they like with it. Some have a car parking space. I am feeling depressed about the whole business and wonder why we are the only person in the street with this problem. Can it be that the title deeds are wrong? Had we known about the situation we would not have purchased the property. This was supposed to be our retirement home and it is a pity that we have to put up with this problem. Please advise us. Thank you.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The title deeds are not necessarily wrong. If the building was converted in the past then the owner who retained the ground floor may have had the title drafted to favour that flat or vice versa. The titles along the street would not necessarily be the same. I presume you have right of access along the path.

I am happy to look at the title for you if you give me the title number. I would also like to know what you mean by the side wall and where that is in relation to the front of the house.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.


Thank you. The flats have never been converted. The side wall is to the right of our front door beside a public walkway. The title number is XXXXX

Expert:  JGM replied 3 years ago.
I have your title in front of me. You have a right of pedestrian an vehicular access over the front garden ground but no right of ownership. The neighbour owns all plants in the vicinity of the side wall up until it comes level with the front elevation of the house where your door is. Past that the ground is yours, the back garden being split between the two flats.

This is not an uncommon split and I don't think there is an error in the title.
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Customer: replied 3 years ago.

Thank you.now I know for sure that none of the front of the building is ours. I think it is grossly unfair and that we should have been told before buying the property.

Customer: replied 3 years ago.

Thank you.now I know for sure that none of the front of the building is ours. I think it is grossly unfair and that we should have been told before buying the property.l will have difficulty selling the property because of the situation.

Expert:  JGM replied 3 years ago.
Your solicitor would normally give you a report on the title during the course of the transaction especially if there are rights of access as opposed to rights of ownership.