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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10655
Experience:  30 years as a practising solicitor.
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If a piece of land is landlocked am I entitled to access the

Resolved Question:

If a piece of land is landlocked am I entitled to access the land across a neighbours land, perhaps even if only on foot?
If the neighbour has a fence that blocks my access am I entitled to insist on a gate if I pay for a gate of at least equal quality to the present fence?
The land I need to cross is either about 4 or 5 metres of 'landscaping' around a neighbouring block of flats or alternatively about 4 or 5 metres of a paved parking space outside another neighbouring block of flats. The public road ends where these two private areas start and my land is just beyond this.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

If you are landlocked you have a problem. There is no law that allows you to take access over the land of another unless you have a servitude right of access granted by the landowner. Such a landowner can of course charge for the granting of a Deed of Servitude and there is no limit on what can be charged.

When you acquired the land your solicitor should have ensured that you had access to your ground.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10655
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi there,

 

thanks for your reply.

 

Just to be clear then if they do grant me this right of servitude (in return for a fee presumably) am I entitled to make the land accessible through any existing fences and walls?

I should say I have not bought the land yet.

 

If I were to approach the neighbours with a request for rights of servitude would I need to make the present owner aware of these approaches?

(as with planning applications for change of use)

 

I am trying to buy a bit of land to use as an allotment.

The land is cheap and I am concerned that if I take these steps I will increase the value or potential value of the land which the vendor will then be able to sell to someone with more money than me.

 

Regards

Expert:  JGM replied 2 years ago.
Thank you for your response. The right of access would have to specify exactly what is being granted, eg, whether pedestrian, vehicular or both and any servitude should specifically confer the right to form a gate, create a path etc.

A blocked right of access is no right of access at all and the best way to approach a servitude is to assume that nothing is implied and that everything should be expressed in the Deed.

You don't have to tell the present owner about this. Ideally you want to enter into a contract with the proposed grantor of the servitude that the Deed will be granted on payment of £x within a specified period of time of your taking entry to the land.
Customer: replied 2 years ago.
Thank you

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