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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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I have a house with no deed of servitude for access I am in

Resolved Question:

I have a house with no deed of servitude for access I am in the process of selling to a cash buyer. The land owner is going to grant a deed to the new owners for 3000, he now wants to back date costs of £10000 to me for the use of the road. Do I have a legal right to not pay this once my house has been sold, he wants a cash payment
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

I don't see any basis for a charge for using the road, nor any basis for his quantification. Unless there is an existing obligation, either heritable within the title deeds or contractual between you and the landowner where is the justification for a payment at all, let alone £10,000.

If he is holding you to ransom and your house is landlocked without the deed of servitude then you may have to take a view on this of course because if it is a landlock situation the house is note saleable without the deed of servitude. I am surprised your solicitor at the time allowed you to buy it.

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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