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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9983
Experience:  30 years as a practising solicitor.
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I want to approach neighbours to a piece of landlocked land

Resolved Question:

I want to approach neighbours to a piece of landlocked land for either the sale of a few square metres of land to allow pedestrian access or the sale of some kind of servitude or right of access.

It looks like the solicitors fees for doing this work could end up very high and I have not got a lot of money.

If I write to the neighbours myself is there any special wording I should use in order to ensure that agreements are legal and binding?

Would I normally approach and make financial offer straight away or wait for them to respond with a figure?

I am still awaiting response from Land registers of Scotland about who exactly owns the neighbouring land nut I think I need to buy a piece of land around four metres by one metre in order to create pedestrian access from a public road.

This would make a path around four metres away from someone's ground floor window on what is a communal landscaped area surrounding a block of privately owned flats.

Is there any kind of average price for this kind of thing?

The land in question is for sale at present for £8000.

It will cost further several thousand pounds to make it usable once access is created as it is a small strip of land next to a railway line and will need to be securely fenced in accordance with railway standards.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

With the best will in the world unless you at legally qualified you won't be able to enter into missives and then have executed and then register a title to a right of access to a land lock. Your question indicated that you really need legal advice. Writing to the neighbours will not get you a legally binding agreement even of they accept your offer. A heritable right has to be a "real" right registered in the Land Register, not just an exchange of letters.

The price for a right of access can't be estimated. It comes about by negotiation and you might want to take advice from a surveyor. Because it is a landlocked site there are difficulties unless of course the owners of the access also own the site. If they don't then it all comes down to negotiation.

Initially you should approach the owners and say that you are interested in purchasing the land but would not do so without an agreement for access. Don't under any circumstances name a figure. Let them come to you.

The only negotiation tactic you have is to be "disinterested". In other words if a deal can be done on access you will buy the landlocked land. If you can't you won't. That way they won't look at you as a potential goldmine.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thanks for your reply, contacting a surveyor seems a good idea.


Just to clarify, say I negotiated a price with the neighbours could I then reasonably go to a solicitor just to have everything written and agreed by them and done properly?

Expert:  JGM replied 2 years ago.
Yes you could, as the agreement would have to be put into a conveyancing deed and then registered in the Land Register of Scotland or the Register of Sasines.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9983
Experience: 30 years as a practising solicitor.
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