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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 own a house in Scotland and have sole ownership of the access

Resolved Question:

I own a house in Scotland and have sole ownership of the access drive which also leads to another house - the other house also has vehicular access to the rear of its property and the proprietor has access rights over my drive
"Reserving always to ourselves and our successors as proprietors of the subjects known as Orchardhill House a heritable and irredeemable right of pedestrian and vehicular access and egress over the roadway leading from Evan Street to Orchardhill House"
Orchardhill House now operates as a B&B however am I correct in saying that in order to operate a B&B from a private residence one must own all of the property including the access?
The situation is further exacerbated in that Orchardhill does not have a turning head at the top of the drive and the drive itself is only the width of a standard car the entrance also being very tight
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
No, that is not quite correct. There is no law that says that a B&B has to own its own property and access.
It is quite possible that such an establishment could be accessed via a right of access PROVIDED THAT a sufficient right of access exists.
In the case you describe the right of access was granted on the basis that access was to a private dwelling.
The common law of property says that a servitude right of access must be exercised in a manner so as to cause as little inconvenience to the owner proprietor as possible. It also says that the proprietor with the right of access can't increase the burden on the owner proprietor.
I assume there is increased usage with guests using the right of access. You are legally entitled to object to this as it increases the usage of the access right this causing more inconvenience.
Check the title deeds to ensure that there's nothing there that would allow this increased access. If not then the above is the answer to your question.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks


 


I accept your opinion and agree that a residence can be used as a B&B providing there are no more than two rooms let anything over 2 rooms would require planning permission


 


I do not accept however that the access drive to that residence which is wholly owned by a third party can be used for B&B access


 


I will raise an action of Interdict re the drive and will keep you informed


 


John Ritchie