How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11751
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I HAVE A PROBLEM WITH CHILDREN USING THE LANE AT THE SIDE OF

Resolved Question:

I HAVE A PROBLEM WITH CHILDREN USING THE LANE AT THE SIDE OF MY HOUSE AS A RACE TRACK WITH THE BIKES I HAVE ASKED THEM TO STOP BUT THERE PARENTS HAVE TOLD THEM TO JUST KEEP ON PLAYING WHAT IS THE LAY ON THIS IN SCOTLAND IT WENT ON FOR 2 HOURS LAST NIGHT I DONT MIND CHILDREN PLAYING OUTSIDE BUT THE ONLY ACCESS TO MY PROPERTY IS ON THIS PUBLIC FOOTPATH AND ONLY 2 OF THEM STAY IN THE AREA
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The law is that children are allowed to play unless they are causing a common law nuisance, the definition of which is that the behaviour is unreasonable to the extent that a reasonable person would be inconvenienced by the behaviour.
The remedy in a nuisance situation is to take the offending party to court. Of course you can't do that with children so you would have to take the parents to court and aver that they were not controlling their children properly by allowing them to ride about the path making noise, causing a hazard to pedestrians and potentially a serious accident.
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.

so if this keeps going on can i call the police and get them to have a word

Expert:  JGM replied 2 years ago.
You can call the police or take civil action as above, yes. The two are separate and distinct from each other.