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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10663
Experience:  30 years as a practising solicitor.
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My elderly mother's neighbour runs a mobile fish & chip busin

Customer Question

My elderly mother's neighbour runs a mobile fish & chip business and parks the van at the kerb outside his house. Besides being an eyesore, the van smells strongly of stale cooking oil, is a fire hazard and, the house being located at the end of the link attached terrace, blocks drivers' vision on entering & leaving the cul de sac.
The neighbour has had this business for over 2 years now and this is his second van as the first one went on fire a few months ago. He previously parked it on his drive which meant my mother's view from her lounge was almost completely blocked. It was pointed out that the title deeds of the property prohibited this hence him now parking on the road.
My mother is visually impaired and the van also blocks her view when crossing the road. He has been asked if he can find alternative parking but so far he has not done so.
Is there any approach we can take to resolve this problem from a legal point of view?
Thank you.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Your lawyer should write a letter to this person in the first instance asking him to cease and desist from parking the vehicle on the estate. If that does not work your mother has the right to take the case to court. She has two legal arguments. The first is that the neighbour is causing a nuisance which is a common law matter. The second is that the neighbour is in breach of the title deed. From what you say, the neighbour would have no defence to such an action and your mother would win.I hope this helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10663
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
That's great thanks, ***** ***** been in touch with a solicitor to get things started.
Expert:  JGM replied 1 year ago.
Good, I hope you get this sorted.

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