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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10087
Experience:  30 years as a practising solicitor.
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I bought my house almost 2 years ago (in the West of

Customer Question

I bought my house almost 2 years ago (in the West of Scotland), the issue I have is that 2 neighbours are parking their work vehicles across from my front door. The road in the street is such that you cannot park 2 cars (let alone these large vehicles) across from each other, the raod would effectively be blocked. My concern is the effect it might have if I ever come to sell my house (not my main concern, I appreciate buying and selling has many factors) but it does effect my concernand question! Within my title deeds (the land certificate) at the Burdens Page it states: "the said ground of each plot unoccupied by buildings as aforesaid shall not be used for the parking of any commercial vehicle under any circumstance or nor shall any vehicle be habitually parked on the said ground on each plot of each plot in the fro t of the building line as defind on the said plans" The vehicles are both similar in size, both have the company advertising material emblazend, one is what I would call a standard Double Glazing truck, capable of holding large double glazed windows, the other a Carpet firm vehicle of size. Would I have the right to insist they do not park outside my front door? regards

How long does a reply normally take, I need to go out now, can you confirm by email when I might expect a reply, there is no urgency, but a timescale would assist. Regards

Jennifer

Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Thank you for your question. I am a solicitor in the West of Scotland and will help you with this.
Title deeds commonly provide that commercial vehicles are not to be parked in residential developments. This is to preserve the amenity of the development and also for access and safety reasons.
The drivers of these vehicles are in breach of title deeds. They are also causing a common law nuisance.
What has to happen in the first instance is that you have to instruct your own solicitor to issue a cease and desist letter to each driver stating that they have to desist from parking their vehicle on the estate. The letter has to say that if they don't stop doing so you will ask the court to make an order stopping them in terms of the title deeds. The costs of such an action will be sought against them.
If they don't respond to the letter then you will have to go to court and I have no doubt that the court will grant an order stopping them parking their vehicles.
I hope this helps. Please leave a positive response so that I am credited for my time.

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