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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11556
Experience:  30 years as a practising solicitor.
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My neighbor and I share a path going into the back common area,

Resolved Question:

My neighbor and I share a path going into the back common area, when I moved in nearly 4 years ago I asked to put a gated fence up and got verbal permission from all three neighbors as people were using it as a public footpath, I then told the council and they authorized it. It now seems my upstairs neighbor has an issue with it and iv'e been told from the council it has to come down, they can't find paperwork verifying this from the then housing inspector. I am a council tenant and the neighbor in question has bought her house, do I have any say in this matter as I feel backed into a corner!
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Although there might be an issue with proof of what was agreed, your argument is that the council and the owner are personally barred from insisting on this given that they previously agreed to it.

I understand that argument but the legal position is that the structure is, however, owned by the owners of the property, ie the council and the other owner or owners so a majority decision as to what is to happen would rule over your own position on this. Any structure built on land belongs to the owner of the land and the owner has the say on what is to happen to it. Where there are four properties there is one vote per owner. If the council owns three properties out of the four then they have a majority vote.

Happy to discuss further.

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