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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10653
Experience:  30 years as a practising solicitor.
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Neighbour erected a car port (metal supports with PVC roof)

Resolved Question:

Neighbour erected a car port (metal supports with PVC roof) alongside our garage last year - no prior discussion. A few years ago he spray painted the side of our garage as it had speckled when he was spraying his patio wall. He thought it best to completely paint our garage wall. He did not try to prevent spray by covering our garage beforehand. Again no discussion.
Problem now is our corrugated iron garage roof requires attention ie. rubbing down and repainting as it is getting very rusty. We employed a painter to do the job as we thought he would have better ladders etc to cope with the job and also my husband is less able now to do it. In the past he could lean a ladder against our garage but ladder feet on our neighbours land. We were on better terms with them then.
Today the painter asked the neighbour if he would move some plant pots and the car to avoid the debris landing on them. He wanted to cover the ground with sheets. Our neighbour refused permission. Are we allowed access to the neighbour's land to carry out these necessary repairs? The garage was built at the same time as the house in 1935 so is not a new addition. Grateful for your assistance.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
In Scotland there is no automatic right of access to a neighbours property. Whether or not you are allowed access depends on whether there is a title condition contained in the title deeds of the properties.
This is commonly called a servitude right of access. So you will have to read your title deeds. If there is a servitude right of access over your neighbours land, you are entitled to take such access. If your neighbour refuses you could take him to court for an order allowing you access.
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: 10653
Experience: 30 years as a practising solicitor.
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