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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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A neighbor has put a fence across a road-side passing-place

Resolved Question:

A neighbor has put a fence across a road-side passing-place (in Scotland) is this lawful? If not what laws have been broken?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

On what basis has he done this?

Is the road a public road?
Customer: replied 3 years ago.
The Local authority made the public (single track) road in 1968, upgrading from a track, and making a bridge over a ford. They blasted rock obstructing the road, and placed this rock below the road to form a passing place and parking area, room for 4/ 5 cars. This has been used for locals & visitors alike since 1968,or thereabouts, until October 2010 when owner of croft through which the road runs, fenced it over. The fence does not even completely stock proof this field, only prevents cars passing or parking! This has come to light to the grazing clerk during a recent land review exercise under the amended crofting act - there has been a "land grab" by this absentee croft owner and the "land-grab" includes the passing place & car park.
Thanks, j
Expert:  JGM replied 3 years ago.
The common law of property is such that someone can't just fence off land owned by another and occupy it. The council has a right and title to take the person to court for an order reinstating the land.

This isn't a planning issue; it is simply the law of property ownership and this appears to be a land grab as you say.

Happy to discuss further.
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