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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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I live in a Victorian tenement in Edinburgh. All eight flats

Resolved Question:

I live in a Victorian tenement in Edinburgh. All eight flats in the block have access to a communal back garden. The same applies to neighbouring blocks. There is a low wall between the gardens of each block. What is the position of children hopping over the wall and letting themselves into neighbouring gardens?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The children have no legal right of access but as you can't take them to court and their parents aren't responsible for the way that they play, your legal remedy is restricted to asking the parents to stop them coming into the gardens.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 2 years ago.
Thanks for that. It's as I thought. My problem is that a flower bed borders the wall and growing plants are being trampled. I've tried speaking to the parents but they think I'm just out to cause trouble. They would rather see the garden as a play park and football pitch but it is an established garden so I reckon it's stalemate.
Expert:  JGM replied 2 years ago.
You could write in formal terms to the parents, or have your solicitor do so, stating what the problem is and requesting that they instruct their children not to damage the flower beds. You could put in the letter that you will hold the parents liable to make good the cost of any damage.
It's not the greatest way forward in that it would be difficult to make such a claim, but it might make them do something about it if you put it in black and white.
I hope this helps.