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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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Neighbour was granted planning permission to install water

Resolved Question:

Neighbour was granted planning permission to install water tower on ground I own to supply water to troughs in the fields she owns year 2003. The tower was built in2003 and no water has ever passed through the tower. As it is now 2015 can I ask for the tower to be removed.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
What right does the neighbour have to site and use a water tower on your land? Is there a servitude right in the title deeds, for example?
Customer: replied 2 years ago.

I think a servitude right was in the title deeds .The original water supply to the fields was from the farmhouse water tank.The trouble the neighbour has now is to replace all the pipes from the well to the tower and also to the fields.also the Hydro Board will not go on Private Ground

Expert:  JGM replied 2 years ago.
It depends what the servitude actually says. If it is a right to lead water from the farmhouse tank throught the fields then the new water tank is unlikely to be covered by that servitude. However if the titles have a general right to lead water from the field then it may be. You might want to let me see the wording.
The rule is that a servitude will expire through non use after 20 years.
Happy to discuss further.
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